Seaver v. Burwell Family Ltd. Partnership & RHFP, LLC (In Re Burwell)

FEDERMAN, Bankruptcy Judge,

dissenting.

At the outset, it is not entirely clear under what theory the Trustee argued, and the bankruptcy court determined, that BFLP and RHFP were Burwell’s alter egos. Although the Complaint summarily mentioned some of the elements of a finding of alter ego under Minnesota law (discussed below), the only authorities cited by the Trustee in the Complaint relate to the bankruptcy court’s equitable powers.2 On appeal, the Trustee states that the case was not grounded on a reverse veil piercing theory, but he does not specify on what legal theory it was grounded. If…