In re Payroll Express Corp.

Pre 2005-Act: 
Pre 2005-Act
Ruling: 
Unclaimed dividends could not be used to satisfy judgment where corporate debtor's case had been dismissed without plan confirmation.
Procedural posture: 
Several judgment creditors assigned their money judgment against two individual chapter 11 debtors to an assignee. The assignee thereafter filed an application in the court, seeking to enforce the judgment against the unclaimed dividends remaining in the bankruptcy estate of a chapter 11 corporate debtor. The assignee claimed the corporate debtor and the individual debtors were alter egos.
Issue: 
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Commercial case opionion summary, case decided on November 24,2008, LexisNexis #0209-065