Ky. 2016). They were even given props to dress up, and when they got bored, they were told to consider their behaviour as if they were the actual character, asking, for instance, Is Batman working hard?, Self-distancing and alter egos even work with children. 0000048636 00000 n 0000002113 00000 n A few years ago, assistant psychology professor White took a group of six-year-olds and set them a test of concentration on a computer, in which a series of images flashed and they had to press the space bar whenever they saw a picture of cheese. N.D. Ga. Apr. 2008), held that "state-specific tortious conduct is required under 523(a)(6)." preston mn weather 10 day forecast. Effective immediately we have updated our refund policy! Id., 31. (citation omitted).3. And this has led some researchers to wonder whether it could also improve elements of self-control like determination, by making sure that we keep focused on our goals even in the face of distraction. In my personal experience, many creditors will file a complaint with alter ego allegations with little, if any evidence to support the allegations of the complaint in the hopes that this will somehow give them leverage. 0000003990 00000 n Section 523(a)(2)(A) provides: "(a) A discharge under section 727. . Representing Yourself (Pro Se)? 0000052390 00000 n false pretenses, a false representation, or actual fraud,'" the bankruptcy court and the district court properly concluded that the creditor's 523(a)(2)(A) claim failed." Id. 0. Beforehand, they were advised to think through their emotions about the challenge using the third person (for example, David feels) as if they were a separate entity, rather than the more immersive first person (for example, I feel). After the creditor filed a fraudulent transfer suit against the debtor and the transferees in federal court, the debtor filed a Chapter 7 bankruptcy case. Inspired by an emotional meeting with Beyonc herself, Adele followed suit, telling Rolling Stone magazine in 2011 about her creation of Sasha Carter. 0000008756 00000 n In accordance with Federal Rule of Civil Procedure 12(c) (applicable to bankruptcy proceedings under Rule 7012(b) of the Federal Rules of Bankruptcy Procedure), "[a]fter the pleadings are closedbut early enough not to delay triala party may move for judgment on the pleadings." Note that the author is NOT an attorney and no guarantee or warranty is provided. W.D. at 446 (citing In re Brown,442 B.R. 0000016288 00000 n Whatever persona we choose, the practice should create some psychological space away from potentially distracting feelings, while also reminding us of the behaviours we want to emulate. 715, 762 (Bankr. Id., 20. does not discharge an individual debtor from any debt . frank suarez net worth; alter ego interrogatories. Id., 32. I am an EMDRIA Approved Consultant with a full-time private practice in Berkeley, CA (since 2007), where I treat clients and provide individual as well as group consultation to 0000005630 00000 n Facebook. N.D. Ga. 2018) (Hagenau, J. This is no mean feat. 1212, 1217, 140 L. Ed. respresented by Hawkins, John et al. Id., 37, 42. . . Grogan v. Garner,498 U.S. 279, 287-88, 111 S.Ct.

Hdn#K^HU]] fv8$h4}8]lP{z|8.i^]n?rw=_>=wwo6|c>>|_? In re Gaddy, at 1058-59 (noting that plaintiff had failed to establish "cognizable injury" or that the debtor was liable for a separate, new debt due to his fraudulent actions to avoid plaintiff's collection efforts); see also In re Saylor,108 F.3d 219, 221 (9th Cir. HlAO@F=RUU3(R E 8 }fHz`5^{fv416mTwCT?w4~|==l0}z]9u}4>e g{ "Hardin's false pretenses, false representations, and/or actual fraud are based on all of his conduct alleged above, including but not limited to: (a) PMSG's debt incurred under its insurance program with Zurich, (b) Hardin's operation of PMSG as his alter ego, (c) Hardin's fraudulent transfers both before and after the alter ego trial, (d) Hardin's additional efforts to thwart Zurich's collection efforts, and (e) Hardin's bad acts leading up to and in connection with this bankruptcy action." PMSG was thus out millions, while Hardin received from PMSG in cash the full $2.5 million owed to him by John Hardin. Before and after the entry of the judgment, the debtor made actually fraudulent transfers to an entity owned by himself, his wife, and his daughter in order to avoid payment to the creditor. . Hardin has moved for judgment on the pleadings (the "Motion," Doc. Adele said the strategy helped her give her best to every performance during her breakout year. The Court will conduc t a final pre-trial conference in connection with the alter ego claim on January 12, 2009, at 11:00 a.m. in Courtroom One. WebExperience. . .

MFS 44573, 2007-current, EMDR Approved Training Facilitator, 2013-current, EMDRIA Certified EMDR Therapist, 2012-current, Early Childhood Trauma: attachment repair and developmental arrest repair, California Association of Marriage and Family Therapists. 13; BBA Aviation P LC v. Supe rior C ourt (2010) 190 C al.App.4th 421, 429; Sonora Di amond C orp. For now, the Court will deny the Motion as it pertains to the 523(a)(2)(A) claim and permit the parties an opportunity to file further briefing as to the 523(a)(6) claim. 11 U.S.C. 1-7. In the Complaint, Zurich contends that "Hardin has willfully and maliciously injured Zurich based on all of his conduct alleged above, including but not limited to: (a) PMSG's debt incurred under its insurance program with Zurich, (b) Hardin's operation of PMSG as his alter ego, (c) Hardin's fraudulent transfers both before and after the alter ego trial, (d) Hardin's additional efforts to thwart Zurich's collection efforts, and (e) Hardin's bad acts leading up to and in connection with this bankruptcy action." Complaint, 1, 14. WebA Request for Interrogatories will ask the opposing party a series of questions to help aid in the fact finding process of the case. ." A lack of receipts, or in-kind exchanges are strong facts supporting a lack of arms Click the citation to see the full text of the cited case. Simply put: it is a work of art. Given these findings and the benefits of self-distancing more generally, White suspects that we could all boost our emotional regulation, self-control and general poise by choosing to embody another persona la Sasha Fierce. The two main requirements for invoking the alter-ego doctrine are: The facts of this case are closer to those of Husky than the facts of Gaddy were, in that Hardin, like the debtor in Husky, became liable for what Hardin asserts is PMSG's ordinary, contractual debt only when Zurich brought the alter ego suit. at 1056. Plaintiff's interrogatories to pierce the corporate veil. 348, 376 (Bankr.

"Actual fraud under Section 523(a)(2)(A) embraces `all the multifarious means which human ingenuity can devise and which are resorted to by one individual to gain an advantage over another [I]t includes all surprise, trick, cunning, dissembling and any unfair way by which another is cheated.'" Id., 22. Fla. Mar. '"); In re Vanwinkle,562 B.R. Hardin categorizes the factual allegations in the Complaint as pertaining to: "(i) the contractual debt owed by PMSG to Zurich .

On June 28, 2016, Zurich filed a Complaint against Hardin in the United States District Court for the Northern District of Georgia, Case No. Specifically, with the actual intent to hinder, delay, or defraud Zurich: (1) on October 11, 2017, one month after Zurich and Hardin submitted a consolidated pretrial order in the Alter Ego Case, after which the case was set for the January 22, 2018, trial calendar, Hardin abruptly transferred his $1.4 million home to Mrs. Hardin, who paid nothing for this interest; (2) after Zurich commenced the Alter Ego Case, shortly before the trial in the Alter Ego Case, and even after Zurich obtained the Alter Ego Judgment, Hardin made numerous cash transfers to Mrs. Hardin totaling at least $622,677; (3) from July 30, 2015, through December 2016, Hardin signed and funded monthly checks totaling $310,300 that were used to pay for the Hardins' million dollar lake house, the deed to which was issued in the name of Mrs. Hardin only in August 2017, just two weeks before Zurich and Hardin submitted their consolidated pretrial order in Zurich's Alter Ego Case against him, after which the case was set for the January 22, 2018 trial calendar; (4) on December 15, 2011, at the time Hardin was ending PMSG's insurance program with Zurich, Hardin transferred his $500,000 farm house to Mrs. Hardin, who paid nothing for this interest; and (5) from June 2016 through January 2017, Hardin signed and funded checks totaling $83,000 that he used to purchase an ownership interest in a Restorative Health facility for Mrs. Hardin. Self-distancing gives us a little bit of extra space to think rationally about the situation, says Rachel White, assistant professor of psychology at Hamilton College in New York State. How do the worlds top stars muster the poise and determination to stand on stage, despite the nerves and anxiety of having a bad performance? Nonetheless, it strongly disagrees that a judgment on the pleadings is appropriate, asserting that the Complaint does contain facts from which the Court could conclude, if inferences are properly drawn in Zurich's favor, that "Hardin never intended to pay" Zurich. Click the on our main page to search for what you are looking for. 0000079363 00000 n

D. Utah 1999) ("Geiger indicates that a knowing breach of contract alone is not enough to render a debt nondischargeable. Zurich later sued Hardin to establish that he was the alter ego of one of the companies and, therefore, is liable under Georgia law for the company's debts. At Alter Ego our motives are to maintain and grow healthy hair while creatively showing off your bea Alter Ego Salon Judgment is appropriate where the Court concludes that Zurich "would not be entitled to relief under any set of facts that could be proved consistent with the allegations.'" Pretending to be someone who's more competent, and getting that distance from the situation, could help them to overcome the frustration they're feeling when they're learning something new, says White. 0000033229 00000 n Thus, Kapitus has no claim under 523(a)(6). In re Vandeford, 2015 WL 1736486, at *2 (Bankr. WebLorem ipsum dolor sit amet, consectetur adipis cing elit. The Ninth Circuit Court of Appeals in Lockerby v. Sierra,535 F.3d 1038, 1043 (9th Cir. microtech knives serial number lookup. 0000008195 00000 n On May 7, 2015, the arbitrators, having considered the arguments, testimony, and evidence presented, entered a Final Award requiring PMSG to (a) pay Zurich $16,307,224 in principal and interest, and (b) post $1,355,480 in collateral with Zurich. WebInterrogatories are written questions sent by one party in a lawsuit to another party in that same suit, which the responding party must answer under penalty of perjury. The researchers had suspected that the alter ego would be a more extreme form of self-distancing, and the results showed exactly that. WebAlter ego theories of jurisdiction, in general, reflect an approach to jurisdictional issues resembling very closely the general corporate law concept of "piercing the corporate 0000005099 00000 n The interrogatories should ask the alleging party to state all facts, witnesses and documents which support the alter ego allegations. SE Prop. 'r(mo%0mt%'o#, "o$`## ta` %od'r5mt%'o %# `!



Webalter ego interrogatories. 0000033541 00000 n 654, 112 L.Ed.2d 755 (1991); St. Laurent v. Ambrose (In re St. Laurent),991 F.2d 672, 680 (11th Cir. 0000014081 00000 n Id., 62. Id. Again, the debt must be "the `result of,' `with respect to,' or `by reason of'" an injury caused by the defendant's willful and malicious conduct. But for the transfers, the $98,000 Hardin deposited with Jones & Walden would have been garnished by Zurich.

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David Robson is the author of The Intelligence Trap: Why Smart People Do Dumb Things (WW Norton/Hodder & Stoughton), which examines the cutting-edge psychology of irrational thinking and the best ways to make wiser decisions. seq. Rather, a plaintiff must But the Court agrees with Hardin that subsequent conduct engaged in to avoid paying a debt for which he was already liable could not transform the original debt into a debt "for" a willful and malicious injury any more than the Gaddy debtor's fraudulent transfers transformed his debt on a guarantee into a debt for a willful and malicious injury. . A third group were given the option to change persona entirely by inhabiting the role of their favourite fictional hero, such as Batman or Dora the Explorer. If that legal conclusion is reversed on appeal, the Court will revisit the issue.6. W.D. . 1:14-cv-03454, confirmed the final award and entered a final judgment in favor of Zurich and against PMSG. This case is also more like McClellan than Gaddy was, in that the Complaint alleges that Hardin, like the debtor's sister in McClellan, was the transferee of assets fraudulently transferred by PMSG at a time when Zurich was PMSG's creditor. Id. See generally Mills v. Seawright, 2021 WL 785105, at *5 (S.D. There are 48 special interrogatories which are drafted as contention interrogatories and can be used by both plaintiffs and defendants. WebAn intimate friend, considered another side of oneself: He was my alter ego; we were always picking up each other's thoughts. Alter ego is Latin for another I. The New Dictionary of For now, the Court will follow In re Cole. The task was designed to be rather boring, but the children were told that it was a very important activity and that they would be a good helper if they worked on the task for as long as possible which was meant to increase their motivation to persevere. 0000069991 00000 n The court applies this rule to ignore . When the investment proved worthless, Hardin sold the investment to PMSG. Also be sure to send specially prepared interrogatories and requests for production of documents to the plaintiff asking them to state all facts that support their alter ego allegations, identify all persons with personal knowledge, produce all documents supporting the allegations, etc. 0000034220 00000 n Zurich complied with its obligations under the insurance program. P. 12(h)(2). ZURICH AMERICAN INSURANCE CO., AMERICAN ZURICH INSURANCE CO., THE ZURICH SERVICES CORP., Plaintiffs, One or two word search terms work best. standard lapse rate calculator / how much calcium chloride per gallon of water. Id.

The development company defaulted on the loans, and years later, the creditor obtained a judgment against the debtor on his guarantee. . Ky. 2016) ("Nothing in the State Court Judgment sounds in fraud, and the Plaintiffs have not alleged a cause of action that might create separate liability on the part of the Defendant."). United States Bankruptcy Court, N.D. Georgia, Atlanta Division. trailer << /Size 317 /Info 250 0 R /Root 253 0 R /Prev 807144 /ID[<595aef8f2427bf87aaeb4f72dbc659f7>] >> startxref 0 %%EOF 253 0 obj << /Type /Catalog /Pages 249 0 R /Metadata 251 0 R /AcroForm 254 0 R >> endobj 254 0 obj << /Fields [ ] /DR << /Font << /ZaDb 246 0 R /Helv 247 0 R >> /Encoding << /PDFDocEncoding 248 0 R >> >> /DA (/Helv 0 Tf 0 g ) >> endobj 315 0 obj << /S 241 /V 450 /Filter /FlateDecode /Length 316 0 R >> stream 0000053166 00000 n Please bear with us as the download emails don't seem to be getting sent out as quickly right now.

Once again, the creation of the psychological distance helped the participants to master their anxiety, reducing both their subjective ratings of the emotion and objective measures, such as the changes in heart rate and blood pressure that usually accompany threatening events.

. S.D.N.Y. ); In re Watson, 2019 WL 5388061, at *3 (Bankr. In answering an alter ego complaint in California be sure you include all of the specific information you have in the affirmative defenses as to why the Court should not deviate from the usual legal doctrine of the separation of corporate and individual legal identity and existence, such as you did not personally guarantee any debts to the Plaintiff, etc. 589, 597 (Bankr. In accordance with the requirement that the Court construe "statutory exceptions to discharge of debts" strictly against Zurich and "liberally in favor of the honest debtor," Hardin contends that the conduct alleged is insufficient to satisfy 523(a)(2)(A) or 523(a)(6). 374, 381 (Bankr. Webalter ego status in California courts are minimal.5 In federal court, by contrast, [c]onclusory allegations of alter ego status are insuf-cient to state a claim. 0000002901 00000 n 0000085812 00000 n WebAlter ego is a legal doctrine whereby the court finds that a corporation lacks a separate identity from an individual or corporate shareholder. From 2005 through 2015, Hardin took out numerous unsecured, interest-free loans from PMSG without formal documentation, repayment schedules, securities posted, or interest charged. 0000069757 00000 n vanderbilt women's soccer coach email; alter ego interrogatories. be alleged generally."
508, 512 (Bankr. The group in the immersed condition were told to picture it from the inside, as if they were in the middle of the situation, whereas those in the distanced condition were asked to picture it from afar as if they were a fly on the wall. Id., 40. alter ego 0000058135 00000 n 0000002761 00000 n Similarly, because the debt arose prior to the alleged transfers of property by Hardin, the debt did not arise from the alleged actual fraud committed through the initiation or the receipt of any fraudulent transfer, as required for a claim to lie under 523(a)(2)(A), or from any willful and malicious injury to Zurich, an unsecured creditor. )mrt%`# t' ta` m*t%'o &a' am=` m))`mr`k. ramadzine has been telling visual brand stories since 1997. E.D. 0000007558 00000 n Additionally, Hardin invested with a family member in a sand mine without adequate diligence and without commercially reasonable collateral or payment terms. Richard Burman, Managing Partner 02Nov2020. ********************************* 4. As we head into 2021, Worklife is running our best, most insightful and most essential stories from 2020. 0000057207 00000 n '"); In re Ferreira,608 B.R. 1, 2021) (finding that a debtor's intent to deceive can be inferred from the circumstances); In re Casali,526 B.R. United States Bankruptcy Court, N.D. Georgia, Atlanta Division.https://leagle.com/images/logo.png, Debtor Henry C. Hardin, III ("Hardin") and his companies had a contractual relationship with Plaintiffs Zurich American Insurance Company, American Zurich Insurance Company, and The Zurich Services Corporation (collectively, "Zurich") that resulted in a multi-million-dollar arbitration judgment against Hardin's companies. 0000014633 00000 n 0000106713 00000 n WebExamples #3: Everyone knows that Clark Kents alter ego was Superman. .

54), arguing that, even if the facts of the Complaint are true, Zurich's claim fails as a matter of law because the debt at issue preexisted the alleged fraud and willful and malicious injury and is simply an ordinary contract debt. by a motion under Rule 12(c)." This content is locked. Zurich's Brief, at 11-12. These sample special interrogatories for California are for a California case and are drafted as contention interrogatories and can be easily modified. Willful and malicious behavior after the debt is incurred is not sufficient to make the debt non-dischargeable.") Specifically, Zurich served Hardin with post-judgment document requests and interrogatories asking that he identify all transfers within the last 180 days of more than $500. obtained byfalse pretenses, a false representation, or actual fraud, other than a statement respecting the debtor's or an insider's financial condition." Id. Hardin contends that, in Gaddy, the Eleventh Circuit Court of Appeals held that, even if the debtor engaged in `actual fraud' by conveying his assets, the debt owed the creditor was not the result of fraudulent conduct and that the later conduct that prevented the creditor from collecting its judgment did not injure the creditor within the meaning of 523(a)(6). 62, 85 (Bankr. After all, certain religious initiatives already encourage this kind of thinking, says White. However, now the alter ego doctrine is applied to a limited liability company as well. In re White, 2021 WL 450992, at *6 (Bankr. . WebKazan McClain, Lyons, Greenwood & Harley, PLC Attn.

WebAt ramadzine, we have a distinctive way of looking at a brand. 0000058098 00000 n Zurich later sued Hardin to establish that he was the alter ego of one of the companies and, therefore, is liable under Georgia law for the company's debts. will be nondischargable under 523(a)(2)(A).") ter ego l-tr-- ()g also -e- ()g plural alter egos Synonyms of alter ego 1 : a second self or different version of oneself: such as a : a trusted friend b : the opposite side of a personality Clark Kent and his alter ego Superman c : counterpart sense 3 a fictional character that is the author's alter ego 2 Aug. 14, 2017), aff'd, 756 F. App'x 741 (9th Cir. Monson, 661 F. App'x at 683; In re Luebbert,987 F.3d 771, 782 (8th Cir. In one study, participants were asked to think about a challenging event in the future, such as an important exam, in one of two different ways. In the following weeks, also with the actual intent to hinder, delay, or defraud Zurich, Hardin transferred an additional $63,000 to Jones & Walden from his account at TD Ameritrade, including amounts to be held by Jones & Walden on deposit for future work to be performed. Id. . 0000003202 00000 n Jones & Walden did not accept the $35,000 for work already performed, but instead as a deposit towards work to be performed in the future. denied sub nom. Hardin routinely used his corporate credit card from PMSG for personal use, including purchasing presents for his wife from Gucci, Prada, and Tiffany. In Gaddy, however, the complaint did not allege that the debtor owed the creditor a debt because of a fraudulent transfer, and the bankruptcy court held that the creditor could not do so because Alabama law does not provide a basis for damages against the transferor of the property.

From 2004 through 2012, Zurich provided workers compensation insurance to several companies owned by Hardin, including Professional Management Services Group, Inc. ("PMSG"). . 2020), cert. Id. Id. She followed Beyonc's example and fashioned her own persona called Sasha Carter (Credit: Alamy). Sample Answer to Alter Ego Complaint for California by Stan Burman on Scribd. See PRN Real Estate & Invs,, Ltd. v. Cole, Case No. WebThe written interrogatories served by the moving party requested information that clearly related to the claims or defenses of OTHER PARTY in that LIST HERE THE FACTS AND EVIDENCE THAT SUPPORT YOUR CONTENTION AND BE SURE TO CITE TO ANY ATTACHED DECLARATIONS AND EXHIBITS The responses to the interrogatories served by OTHER WebSample Special Interrogatories for California - Free download as Word Doc (.doc), PDF File (.pdf), Text File (.txt) or read online for free. One might argue that the Court should look at the events that caused Hardin to become personally liable for that debt, rather than the events that created PMSG's debt to Zurich. In re Betancourt, 2015 WL 3500322, at *6 (B.A.P. It could be incorporated into mobile apps, for instance, with notifications that prompt you to think in the third person as you plan your meals. Piercing the corporate veil to collect damages - Plaintiff Magazine 2d 655 (2016)). In Gaddy, the debt at issue arose from the debtor's guarantee of two business loans made by the creditor to a real estate development company. Usually when I hear the chords, when I put on my stilettos, like the moment right before when youre nervous then Sasha Fierce appears, and my posture and the way I speak and everything is different, she told Oprah Winfrey in 2008. Read about our approach to external linking. Id. The persona was a combination of Beyoncs Sasha Fierce persona and the (real) country music star June Carter. 0000002239 00000 n Hardin did not respond to the motion by the July 10th deadline, and Zurich filed a reply on July 12th requesting immediate entry of the garnishment. Gaddy, 977 F.3d at 1058. Listed below are those cases in which this Featured Case is cited. In essence, the court found that the creditor could not get another judgment against the debtor arising from the fraudulent transfer because it could not show an "independent, freestanding harm" that arose from the fraudulent transfers themselves. I also completed a three year internship at Earth Circles Counseling Center, providing individual, couple and family therapy to clients facing a wide range of clinical issues including: anxiety, trauma, addiction, divorce, grief/loss, bi-polar, cultural and diversity issues, eating disorders and creative and professional blocks. If you are a grad student, pretend to be a postdoc, and if you're a postdoc, pretend to be the leader of the lab just to get you to that next level, she says. S.D. The money we make from it is re-invested to help fund the BBCs international journalism. 7.

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