affirming the district court's order and noting that Marin has attempted to frustrate the bankruptcy process throughout the proceeding
Summary of this case from Marin v. Wells Fargo, N.A.No. 97-5340
July 1, 1999.
Appeal from the W.D.Tenn.
Affirmed.
affirming the district court's order and noting that Marin has attempted to frustrate the bankruptcy process throughout the proceeding
Summary of this case from Marin v. Wells Fargo, N.A.affirming the district court's order and noting that Marin has attempted to frustrate the bankruptcy process throughout the proceeding
Summary of this case from Marin v. Escondido Care Ctr.affirming the district court's order and noting that Marin has attempted to frustrate the bankruptcy process throughout the proceeding
Summary of this case from Marin v. Escondido Care Ctr.In IBC Mfg., we noted that the first Tennessee case to consider the subject of piercing the corporate veil, Neese v. Fireman's Fund Ins. Co., 53 Tenn.App. 710, 386 S.W.2d 918 (Tenn.Ct.App. 1964), did not require proof of fraud.
Summary of this case from Southeast v. Primerequiring a showing of fraud itself
Summary of this case from Southeast v. PrimeIn Bricklayers, it is true that the defendant explicitly argued that the liquidated damages provision constituted an illegitimate penalty.
Summary of this case from Trs. of Iron Workers' Local No. 25 Pension Fund v. Quality Steel Fabricating & Erecting, Inc.applying Tennessee law
Summary of this case from RXAR Co. v. Rheumatology Assocs., P.A.applying Tennessee law, and holding that in the absence of evidence that the parent corporation's control and ownership of the subsidiary was intended to defraud creditors, there was no basis for piercing the corporate veil even though the subsidiary could not pay its environmental liabilities
Summary of this case from ITT CORPORATION v. BORGWARNER INCFull title:IBC Mfg. Co. v. Velsicol Chemical Corp
Court:United States Court of Appeals, Sixth Circuit
Date published: Jul 1, 1999
And, the Court further explained, in this scenario, a court can only award liquidated damages after…
Trs. of Iron Workers' Local No. 25 Pension Fund v. Quality Steel Fabricating & Erecting, Inc.The Sixth Circuit makes clear that § 1132(g)(2) does not apply when all unpaid contributions are resolved…