Successor liability for professional corporations
Posted: Mon Jan 14, 2019 3:24 pm
Does anyone know any case law discussing the following:
Professional (doctor, lawyer, etc.) operates through a
corporation/LLC. Lawsuits are filed against the corporation and
the individual.
Individual will be filing a personal Ch. 7 case.
Since the business is 100% the personal services of the one
individual, it is different than a corporation, like Walmart for
example.
The question is: Can the individual professional do business under
a different corporation/LLC using the same business name or any
other intangibles of the existing corporation/LLC without the new
corp/LLC being held liable under a successor liability theory?
Put another way: What must a professional do to shield their future
corporations from successor liability?
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