The alter ego doctrine is a procedure that creditors use when their judgment is against a corporation or LLC which is owned by, or controlled by, a sole shareholder. Usually, the corporation has no assets to collect from, and the goal of the creditor is to go after the shareholder’s personal assets, claiming that the […]
Search Results for: LLC
Reverse Veil Piercing in California – Available to Expose LLC Assets to Liability
Piercing the corporate veil, (the alter ego doctrine) is a procedure which creditors use when their judgment is against a corporation or LLC which is owned by, or controlled by, a sole shareholder. Usually, the corporation has no assets to collect from, and the goal of the creditor is to go after the shareholder’s personal […]
Collecting A Judgment against a Bankrupt LLC – When You Can Hold The Members Liable.
Individuals create LLCs, same with corporations, for ownership and investment purposes primarily to enjoy limited liability. If you invest $10 in an LLC and someone gets a huge judgment against the LLC, the most you could lose is your investment -the $10. The judgment creditor would not be able to come after you personally to […]
California Corporations & LLCs, and Piercing the Corporate Veil; When the Individuals Are Liable for Corporate Debts as Alter Egos, and the 16 Factors Used By Courts
It often happen that creditors and plaintiffs against corporations and LLCs in California find that the corporation has no assets from which to collect. They then want to collect from the individuals behind the entity. A shareholder (or LLC member) may also be liable for the corporation or LLC’s obligations under the common law “alter […]
California and the Foreign Series Limited Liability Company (LLC); How Useful Are They to Hold California Business and Real Estate Assets?
The California Limited Liability Company (“LLC’) is often used as an entity to limit personal liability in operating a business or holding assets such as real estate. An LLC’s members do not have personal liability for the debts of the LLC, as long as they respect the separateness of the LLC entity. An LCC is […]
A California Home Equity Sales Contract Buyer Was An LLC, But the LLC Owner Could Not Claim To Intend To Reside There To Get the HESCA Exemption.
In a recent California HESCA decision, a homeowner in Hillsborough was in trouble on their $1.3 million dollar home. On the day of the trustee’s sale, Monopoly Game LLC, owned by Gladney, made a deal to buy the owners equity for $100,000, plus another $50,000 if they moved out within a month. They signed a […]
Asessor Parcel Numbers (APN) Cannot Always be relied on in Legal Descriptions – the Rules Involved
Assessor’s Parcel Numbers are usually included in the legal description of a deed. But that does not always work; there are times when the APNs do not exactly describe the individual parcel. The assessor’s office does not necessarily follow the subdivision map in assigned APNs. Parties do not necessarily have the Assessors map to refer […]
Outside Reverse Veil Piercing in California – Factors Considered
Outside reverse veil piercing differs from traditional veil piercing, which is permitted due to the “‘The alter ego doctrine prevents individuals or other corporations from misusing the corporate laws by the device of a sham corporate entity. Traditional veil-piercing permits a party to pierce the corporate or limited liability company (LLC) veil so that an […]
California Quiet Title Judgments- Does it Protect Only Buyers without Actual Notice, or is lack of Constructive Notice Required?
In California, a third party who acts in reliance on a quiet title judgment retains its property rights even if the judgment is later invalidated as void, as long as the third party qualifies as a bona fide purchaser for value. The third party must do so without knowledge of any defects in the judgment. […]
Merger of California Corporations – Avoiding Transfer of Real Property and Tax Reassessment
A corporate merger is when two corporations combine to become a single firm. There are several types of mergers, including those where both corporations still exist after the merger. One type is a Triangular Merger. In this, the acquired corporation continues in existence as a wholly-owned subsidiary of the acquirer without transferring any assets. In […]