Excluding Assets From a Personal Guaranty

By Richard Burt | 07/22/2013

The following is the text of an e-bulletin that I prepared that was published by the Corporations Committee of the Business Law Section of the State Bar of California. This was republished (under the title of “Excluding Assets from a Personal Guaranty”) by the following committees: Insolvency Law Committee, Commercial Transactions Committee, Financial Institutions Committee,…

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Dealing With a Financially Weak Corporation

By Richard Burt | 01/18/2011

Knowingly dealing with a thinly capitalized corporation and not asking for a guaranty will make it tough to pierce the corporate veil. This is illustrated by the case of Fusion Capital Fund II, LLC, v. Ham, 614 F.3d 698 (7th Cir. 2010), a case decided under Nevada law. Millenium Holding Group, Inc., a Nevada corporation,…

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