AHCOM, LTD. v. SMEDING

No. 09-16020.

623 F.3d 1248 (2010)

AHCOM, LTD., Plaintiff-Appellant, v. Hendrik SMEDING; Lettie Smeding, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed October 21, 2010.


Attorney(s) appearing for the Case

William H. Parish , Parish & Small, Stockton, CA, for the plaintiff-appellant.

John G. Michael , Baker, Manock & Jensen, Fresno, CA, for the defendants-appellees.

Before: J. CLIFFORD WALLACE, SUSAN P. GRABER and M. MARGARET McKEOWN, Circuit Judges.


OPINION

WALLACE, Senior Circuit Judge:

This case poses the question of whether a creditor of a corporation in bankruptcy has standing to assert a claim against the corporation's sole shareholders on an alter ego theory or whether that claim belongs solely to the corporation's bankruptcy trustee. The district court had jurisdiction pursuant to 28 U.S.C. § 1332 and concluded that the claim belonged solely to the trustee. We have jurisdiction over this...

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