Grantham

Grantham v. Cory

Good Law
242 F. App'x 456
United States Court of Appeals for the Ninth CircuitJune 29, 2007No. 06-15557California635 words

Opinion

Lead Opinion

MEMORANDUM **

Gregory Grantham and John Saba secured a default judgment against Senior Care Industries, Inc. and its principals and sought in bankruptcy court to enforce it against Flamingo 55, Inc., Senior Care’s wholly-owned subsidiary. Although neither Grantham nor Saba had any contractual arrangements or other direct relationships with Flamingo 55, they argued for relief based on “reverse veil-piercing” of Flamingo 55’s corporate form. The bankruptcy court denied the claim. We affirm.

The bankruptcy court properly looked to state law to determine whether it should permit “reverse piercing.” See SEC v. Hickey, 322 F.3d 1123 , 1128 (9th Cir.2003). Nevada allows such piercing “in certain limited circumstances ... to recover an individual debt from, the assets of a corporation determined to be the alter ego of the individual debtor.” See LFC Mktg. Group, Inc. v. Loomis, 116 Nev. 896 , 8 P.3d 841, 843 (2000). Piercing the corporate cloak is appropriate, however, only “where the particular facts and equities ... require that the corporate fiction be ignored so that justice may be promoted.” Id. at 846 . In furtherance of that standard, Nevada courts examine the parties’ reasonable…

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