McCarthy v. Giron et al, No. 1:2013cv01559 - Document 10 (E.D. Va. 2014)

Court Description: MEMORANDUM OPINION. IT IS ORDERED that JUDGMENT is ENTERED in favor of Trustee, Kevin McCarthy, and against Defendants Carlos I. Giron and Carlos A. Giron, jointly and severally, on Count 11 (fraudulent conveyance) in the amount of $114,925.10, and on Count II (piercing the corporate veil) in the amount of $177,062.33 (the outstanding claims against C&C). To the extent that any of the conveyances under Count I are paid back into C&C bankruptcy estate, there will be a corresponding red uction in outstanding claims against C&C, such that there will be a corresponding reduction in the amount that can be recovered under Count II, piercing the corporate veil, from Defendants Carlos I. Giron and Carlos A. Giron. IT IS SO ORDERED. (See Memorandum Opinion For Details). Signed by District Judge Gerald Bruce Lee on 6/6/14. (Copy Mailed To Defts Counsel 6/6/14) (nhall )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA ALEXANDRIA DIVISION KEVIN R. MCCARTHY, Trustee, Plaintiff, Case No. l:13-cv-01559-GBL-TCB v. CARLOS INOCENTE GIRON, et a!., Defendants. MEMORANDUM OPINION THIS MATTER is before the Court on Defendants Carlos I. Giron and Carlos A. Giron's Objection to United States Bankruptcy Judge Robert G. Mayer's Report and Recommendation regarding the Court's judgment that Carlos I. Giron and Carlos A. Giron are personally liable for their company C&C General Builders, Inc.'s ("C&C") debt and to disregard the Corporation's limited liability. This adversary proceeding arises out of Debtor C&C's Chapter 7 bankruptcy. Under Count I of the Complaint, Trustee seeks to avoid allegedly fraudulent transfers from C&C to other entities and under Count II, seeks to pierce the corporate veil to hold Defendants personally liable for the debts of C&C. The Report and Recommendation recommends that the District Court enter judgment against Carlos I. Giron and Carlos A. Giron on Count I in the amount of $114,925.10 and on Count II in the amount of $177,062.33. There are essentially four issues before the Court. The first issue is whether the Court should adopt the various findings of fact of the Bankruptcy Court on matters such as contracting with a corporation, percent ownership of the corporations, production of documents, and arbitration fees. The Court adopts the Bankruptcy Court's findings of fact and overrules

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