Heads Up on Cases (as if it mattered)

Alienation of Affections Judgment not res judicata

In re Stage (8th Cir. BAP 2005)

A pre-petition State court judgment for alienation of affection did not establish that the debtor willfully and maliciously injured the creditor for purposes of 11 U.S.C.§ 523(a)(6), and the creditor was not entitled to summary judgment on collateral estoppel grounds.

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Trustee standing to assert alter ego claims

In re OODC, LLC (Bankr. De 2005)

The majority view is that a Trustee has standing to assert successor liability and alter ego claims on behalf of a Debtor. A claim to collapse an LBO is such a claim. In deciding whether to collapse a series of transactions, the issue is not whether there is common ownership or whether the transaction constituted a stock sale or an asset sale, but rather whether there was an overall scheme to defraud creditors by depleting assets.