![]() ![]() ![]() I is the same debtor as ABC Corp., there may be a fraudulent transfer, which keeps ABC Corp. claimed insolvency, this should raise a red flag and alert you to look at (1) whether the debtor has recently transferred any valuable assets or incurred a large debt, (2) the identity of the transferee, and (3) the consideration for that transfer or debt. in the fact that it utilizes the same business focus and type of work, uses the same website, building, telephone number, fax numbers, etc… If you were to bring a claim against ABC Corp. Returning to the initial question, lets say you have a claim against ABC Corp., which now appears to be operating as ABC Corp. Note, this particular issue may be closely linked to improper dissolution or failure to properly wind down, but that is a topic for another discussion interrelated to a creditor seeking recovery from officers, shareholders, and corporations. ![]() In this bLAWg post, we will focus on the successor’s liability pursuant to the fraudulent effort to avoid liabilities. Based on the foregoing, a claimant must prove one of these exceptions to the general rule to implicate the liability of the successor corporation on behalf of the predecessor company. Co., Inc., Florida’s Supreme Court adopted the traditional corporate law rule and its exceptions by holding that the liabilities of the selling predecessor will not be imposed on the buying successor company “unless (1) the successor expressly or impliedly assumes obligations of the predecessor, (2) the transaction is a de facto merger, (3) the successor is a mere continuation of the predecessor, or (4) the transaction is a fraudulent effort to avoid liabilities of the predecessor.” 409 So. You have a claim against a corporation and/or its officers, but you find out that the corporation is dissolved and there is a successor corporation in its place that appears to be essentially the same corporation. Real Estate Development, Sales & Leasing.Community Advocacy & Social Responsibility.Search Website Submit SearchSearch Close Search ![]()
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