Brenelli Amedeo, SPA v. BAKARA FUR., INC.
Opinion
Opinion
Johnson, J.
Appellant, Brenelli Amedeo, S.P.A., appeals from a judgment of dismissal after the trial court sustained respondents’ demurrer without leave to amend his complaint.
Appellant contends the doctrine of res judicata does not preclude the present action as it involves a different primary right. It also contends an action seeking to impose alter ego liability may be brought outside of a joint debtor proceeding. It further argues a fraudulent conveyance action may be brought after the closing of a chapter 7 bankruptcy case. We agree and reverse the judgment of dismissal.
Facts and Proceedings Below
The present action follows a prior suit in which appellant sued Bakara Furniture, Inc. (Bakara) for breach of contract, conversion, common counts, and declaratory relief. On September 15, 1992, the court awarded appellant $80,407.53, the value of the merchandise delivered to Bakara pursuant to the contract.
On September 28, 1992, before appellant could execute on its judgment Bakara filed a chapter 7 bankruptcy petition. On June 4, 1993, the trustee filed a “no asset” report, and the court closed the bankruptcy case. No part of appellant’s judgment was satisfied through the…