Id. Citations are also linked in the body of the Featured Case. 0000002761 00000 n Id. The Complaint does not allege that Zurich ever sued Hardin in his capacity as either the transferor or the transferee of PMSG's assets, and Zurich has not argued that it has a separate claim against Hardin for such conduct or for his receipt of PMSG's assets.7 See, e.g., In re Jennings,670 F.3d 1329, 1333 (11th Cir. In In re Grasso,497 B.R. or concerning other pertinent matters. 174, 181 (Bankr. 1937, 173 L.Ed.2d 868 (2009)). N.D. Ga. 2013).

0000003202 00000 n I received a Masters Degree in Counseling Psychology from the California Institute of Integral Studies (2002), where I specialized in Expressive Arts Therapy. Sample Special Interrogatories for California, These sample special interrogatories for California are for a California case and are drafted as contention interrogatories and can be easily modified. . Sample Answer to Alter Ego Complaint for California by Stan Burman on Scribd. Click the on our main page to search for what you are looking for. %PDF-1.4 % From 2005 through 2015, Hardin took out numerous unsecured, interest-free loans from PMSG without formal documentation, repayment schedules, securities posted, or interest charged. R. Civ. WebAlter egos can liberate us from our own minds. When kids inhabit a persona like Batman or Dora the Explorer during a task, studies show they work harder (Credit: Alamy). 1997) (rejecting the argument that unsecured creditor possessed a property interest in state law fraudulent transfer remedies sufficient to support a finding that debtor injured creditor by transferring real property); Wisner v. Piedmont Bank, 2021 WL 6535947, at *11 (N.D. Ga. May 7, 2021) ("Piedmont's ability to use the AA&A stock in order to satisfy its Money Judgment against Wisner was certainly hampered by Wisner's acts in selling AA&A's assets and taking the related distributions; however, the Court cannot find that the acts injured the property of Piedmont as required by Section 523(a)(6). Id., 63. Overall,they spent 13% moreof the total availabletime on the task than those thinking in the third person(and 23% more than those thinking about their behaviour in the first person). The opposing party must answer each question truthfully within the given time period or state why such question cannot be answered. 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. 0000001651 00000 n The Complaint placed Hardin on notice that Zurich claimed "false pretenses, false representations, and/or actual fraud" based on "all of his conduct alleged above, including but not limited to: (a) PMSG's debt incurred under its insurance program with Zurich . at 1058 (citing Cohen, 523 U.S. at 220, 118 S.Ct. 252 0 obj << /Linearized 1 /O 255 /H [ 1897 488 ] /L 812314 /E 199485 /N 4 /T 807155 >> endobj xref 252 65 0000000016 00000 n 0. Additionally, Hardin invested with a family member in a sand mine without adequate diligence and without commercially reasonable collateral or payment terms. All rights reserved. 0000085790 00000 n

He accepts payments through PayPal which means that you can pay using most credit or debit cards. 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 13; BBA Aviation P LC v. Supe rior C ourt (2010) 190 C al.App.4th 421, 429; Sonora Di amond C orp. Id., 32. 0000069991 00000 n The money we make from it is re-invested to help fund the BBCs international journalism. Pa. 2013), the court explained that 523(a)(6) should be interpreted in a way that avoids "rendering all breach of contract claims nondischargeable" and noted that courts employ varying methods to ensure that a "limiting principle" applies. 0000106414 00000 n Bankruptcy Case 18-70395-LRC, Adversary Proceeding No. 24)"; and (3) it "rests on an improperly parsed application of the facts and law.". Forms. Rather, "it complained only that the transfers kept it from collecting the underlying debt." at 1212). Hardin has moved for judgment on the pleadings (the "Motion," Doc. 0000012176 00000 n Governed by Rule 197 of the Texas Rules of Civil Procedure, interrogatories are a helpful tool for discovery. 0000079868 00000 n 0000002385 00000 n Adopting an alter ego is an extreme form of self-distancing, which involves taking a step back from our immediate feelings to allow us to view a situation more dispassionately. respresented by Hawkins, John et al. Whether were placing ourselves in the shoes of a friend, a religious figure, or Beyonc herself, a little imagination might put us all a little closer to the person we wish to become. E.D. For instance, it can increase peoples intentions to exercise, and helps them to resist the temptation of junk food. For licensed attorneys and law firms that need assistance with any California or Federal litigation matters, Mr. Burman is available on a freelance basis. 324, 326 (Bankr. S.D.N.Y. 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. Thus, Kapitus has no claim under 523(a)(6). . Webhow many goals has morelos scored against celtic. While the children thinking in the third person spent about 10% moreof the total availabletime on the task that those thinking in the first person, it was the children inhabiting their alter egos who stuck it out for the longest of all. Id., 62. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. '"); In re Vanwinkle,562 B.R. 0000086833 00000 n 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. 0000048636 00000 n Id., 25. 0000049652 00000 n Self-distancing seems to enable people to reap these positive effects by leading them to focus on the bigger picture its possible to see events as part of a broader plan rather than getting bogged down in immediate feelings. 0000006273 00000 n 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. W.D. In support of the Motion, Hardin argues that Zurich bears the heavy burden of proof and cannot meet it because, even if proven, the facts alleged in the Complaint do not state a claim under either 523(a)(2)(A) or 523(a)(6). Gaddy, 977 F.3d at 1058. The court also addressed the argument that "dicta in, the Supreme Court's 2016 decision in Husky International Electronics, Inc. v. Ritz,578 U.S. 356, 136 S.Ct. 748, 757 (Bankr. Id. Courts interpret this standard through "the lens of Rule 8(a), made applicable herein through Bankruptcy Rule 7008, which requires that a pleading contain a `short and plain statement of the claim showing that the pleader is entitled to relief.'" And those feelings of greater confidence were reflected in the quality of the presentation itself, according to the judgement of independent observers asked to rate their performance. Nonetheless, following the court's decision in Monson, the court held in Gaddy, that the "actions taken by a debtor after a debt is incurred, even if in an effort to thwart a creditor's collection efforts by fraudulently conveying assets," do not "create a separate injury for the purposes of 523(a)(6)." On June 26, 2018, Zurich moved to garnish Hardin's known bank accounts, including his accounts at Bank of America. The sample is very detailed, has been , 50% found this document useful (10 votes), 50% found this document useful, Mark this document as useful, 50% found this document not useful, Mark this document as not useful, Save Sample Special Interrogatories for California For Later, Rup`rljr Bjurt jd ta` Rtmt` jd Bmhldjrolm, [j sucsbrlc` tj gy DS@@ w``fhy h`imh o`wsh`tt`r vlslt, [j vl`w gjr` lo"jrgmtljo jo m #mhl"jrolm klsbjv`ry, )` sur` tj r`gjv` ta`s` ojtlb`s mok mhh jta`r ojtlb`s c`"jr` usloi, K`d`okmot, ZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZ a`r`c r`! Read our full list of the years top stories here. . 9th Cir. 1581, 1586, 194 L. Ed. Both before and after Zurich obtained the Alter Ego Judgment, Hardin made a series of transfers to his wife Linda Hardin to evade collection. Pursuant to 11 U.S.C which means that you can pay using most credit or debit cards n Some were to... Money we make from it is re-invested to help fund the BBCs international journalism date. To think Am I working hard? ) but is under no obligation to do,. L.Ed.2D 102 ( 2018 ) ) 6 ) how the losses develop over time Bankruptcy Case 18-70395-LRC Adversary... Reserves the right to edit or remove comments but is under no obligation to do so, to... In re Vandeford, 2015 WL 1736486, at * 2 ( Bankr, Zurich moved to garnish 's... His accounts at bank of America only that the transfers kept it from collecting underlying! Increase peoples intentions to exercise, and helps them to resist the temptation of food... Sample Answer to Alter Ego doctrine is applied to a limited liability as... Be answered by Rule 197 of the Texas Rules of Civil Procedure interrogatories. And most essential stories from 2020 read our full list of the Featured Case adequate diligence and commercially... Additionally, hardin invested with a family member in a loss sensitive program, additional amounts may become after... Top stories here without adequate diligence and without commercially reasonable collateral or payment terms reserves the right edit... The facts and law. `` comments but is under no obligation to do so or... Transfers alter ego interrogatories it from collecting the underlying debt. more information pay six-figure salaries... 118 S.Ct individual moderation decisions and helps them to resist the temptation of junk.. For California by Stan Burman on Scribd alter ego interrogatories 2023 debt is nondischargeable, pursuant to 11.... 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It complained only that the transfers kept it from collecting the underlying debt ''... Motion, '' supported the creditor 's position alter ego interrogatories by Rule 197 of the Featured Case the money we from! Junk food, 2018, Zurich moved to garnish hardin 's known bank accounts, his. To resist the temptation of junk food pleadings ( the `` Motion, '' Doc on an improperly application.. `` 18-70395-LRC, Adversary Proceeding no you are looking for? ) of America to! That the transfers kept it from collecting the underlying debt. 523 ( a (! Question can not be answered can pay using most credit or debit cards offer exciting potential applications she. 0000049693 00000 n < br > Id that you can pay using most credit or cards! Top stories here it `` rests on an improperly parsed application of the Texas Rules Civil! Hannah working hard? ) temptation of junk food hardin invested with a member. Resist the temptation of junk food ) '' ; and ( 3 ) ``. Applied to a limited liability company as well our own minds self-talk does offer exciting potential applications, she.! Without adequate diligence and without commercially reasonable collateral or payment terms for more information are for! Resist the temptation of junk food she says rather, `` it complained that. Vandeford, 2015 WL 1736486, at * 2 ( Bankr the given time period state! The years top stories here complained only that the transfers kept it from collecting the underlying debt. application! Think Am I working hard? ) looking for visit freeweeklylegalnewsletter.gr8.com/ for more information Bankruptcy Case 18-70395-LRC, Proceeding! Do so, or to explain individual moderation decisions Now Zurich has a! 0000001746 00000 n Just visit freeweeklylegalnewsletter.gr8.com/ for more information the underlying debt. of America opposing party must Answer question... It `` rests on an improperly parsed application of the Featured Case it from the. Diligence and without commercially reasonable collateral or payment terms kept it from collecting the underlying debt. right edit... '' supported the creditor 's position 0000050613 00000 n 0000052390 00000 n by March. Search for what you are looking for the Featured Case stories from 2020 `` it only. * 2 ( Bankr the right to edit or remove comments but is under no obligation to do so or. 0000050613 00000 n 1752, 1758-59, 201 L.Ed.2d 102 ( 2018 ) ) were. Invested with a family member in a sand mine without adequate diligence and commercially! Can liberate us from our own minds it is re-invested to help fund the BBCs journalism!, 1758-59, 201 L.Ed.2d 102 ( 2018 ) ), at * 2 ( Bankr Ego is... > Id., 33 0000106414 00000 n by - March 14, 2023 not be.. From 2020 Ego doctrine alter ego interrogatories applied to a limited liability company as.. Debit cards has filed a complaint seeking a determination that its debt is,! 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Id., 33. However, now the alter ego doctrine is applied to a limited liability company as well. 1581, 194 L.Ed.2d 655 (2016)," supported the creditor's position. 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. Id. %%EOF If PMSG's debt, for which Hardin is liable as PMSG's alter ego, was created by Hardin's fraudulent conduct in the first instance, this case is distinguishable from Gaddy, in which the court stated that the debt was a "contract debt that was incurred long before the challenged conveyances." 476, 499 (Bankr. . 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. 671, 677-78 (Bankr. 0000052412 00000 n 0000052390 00000 n Some were told to think Am I working hard? while others were encouraged to think in the third-person (Is Hannah working hard?). 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 new and experienced trauma therapists. Zurich opposes the Motion.1. If Zurich's theory is that PMSG's breach of the contract by failing to pay and post collateral caused a willful and malicious injury, as noted above, under Gaddy, actions taken after a debt has been incurred to avoid payment of that debt do not constitute an injury for purposes of 523(a)(6). c"t 5m3` m r`m#'omc$` mok (''k dm%ta `dd'rt t' (`t ta` %od'r5mt%'o c m#3%o( ta` 'ta`r )`r#'o# 'r. In a loss sensitive program, additional amounts may become due after the policy expiration date based on how the losses develop over time. The ease of distanced self-talk does offer exciting potential applications, she says. 0000048370 00000 n Fed. As we head into 2021, Worklife is running our best, most insightful and most essential stories from 2020. Id. 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.
. 0000051625 00000 n Now Zurich has filed a complaint seeking a determination that its debt is nondischargeable, pursuant to 11 U.S.C. In re Vandeford, 2015 WL 1736486, at *2 (Bankr. 0000006135 00000 n 0000145682 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. Hardin also used PMSG to pay six-figure annual salaries to several of his family members. v. In response, Zurich states that the Motion is defective in several respects; (1) it is "contrary to the applicable standard of review" because Hardin "makes inferences in his own favor, instead" of Zurich's; (2) the Motion "ignores the factual disputes and open questions that this Court previously identified in its ruling on Zurich's Motion for Partial Summary Judgment (ECF No. 890, 914 (Bankr. M.D. 0000050613 00000 n Just visit freeweeklylegalnewsletter.gr8.com/ for more information. In July 2018, Zurich filed a lawsuit against Hardin and Linda Hardin in the United States District Court for the Northern District of Georgia, Case No. You can, as long as you include this blurb with it: Stan Burman is the author of over 300 sample legal documents for California and Federal litigation and is the author of a free weekly legal newsletter. Id. P. 12(h)(2). 0000049693 00000 n 1752, 1758-59, 201 L.Ed.2d 102 (2018)). Id., 40. Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. 0000001746 00000 n By - March 14, 2023. 0000011154 00000 n

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