In re Segal

This matter is here upon petition for review of the referee’s order of April 26, 1957, dismissing on the merits the trustee’s “Petition to Establish Partnership and to Require Partners to File Schedules of Assets and Liabilities.”

The petition so dismissed seeks a “declaration” that a partnership or joint venture existed between the bankrupt and the respondents, and also an order requiring the respondents to file schedules of assets and liabilities.

No petition for adjudication as bankrupt has been filed by or against any of the respondents. Nor does the trustee’s dismissed petition ask that any of the respondents be adjudged bankrupt and, so far as appears from the record under review, none of them individually, nor any partnership of which any of them is a member, has been adjudged a bankrupt.

The only persons connected with these proceedings who have been adjudged bankrupt are Marvin R. Segal, individually, and Landale Air Conditioning and Sheet Metal, Inc., a corporation. Having found that the Landale corporation was but a “hollow shell” and the “alter ego” of Segal, the referee entered an order, now final, directing that the assets and liabilities of the corporation be…