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Corporate

Nov. 22, 2011

Motions to amend: Adding an alter ego shareholder as a judgment debtor

Instead of a new lawsuit, consider this alternative when your judgment against a corporation is worthless. By Ryan J. Meckfessel of Sideman & Bancroft LLP


By Ryan J. Meckfessel


You won at trial: congratulations. Now the bad news - the defendant corporation was in poor financial condition, was undercapitalized or devoid of assets from commingling, and is an empty shell. Your only option is to file another lawsuit against the shareholder because your judgment against the corporation is worthless, right? Not necessarily.


You could file a new lawsuit asserting shareholder liability under the alter ego doctri...

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