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IN RE DAVEY ROOFING, INC.

Bankruptcy No. SA 93-18783-JW.

167 B.R. 604 (1994)

In re DAVEY ROOFING, INC., a California corporation, Debtor.

United States Bankruptcy Court, C.D. California.

May 3, 1994.

Attorney(s) appearing for the Case

Jeremy V. Richards, Debra V. Geist, Pachulski, Stang, Ziehl & Young, P.C., Los Angeles, CA, for debtor.

Todd C. Ringstad, Lobel, Winthrop & Broker, Irvine, CA, for Timothy Davey.

Raymond A. Myer, Myer, Paynter & Fock, Santa Barbara, CA, for creditor SG Wholesale.

Richard A. Marshack, Thomas J. Polis, Marshack & Goe, Santa Ana, CA, for Official Committee of Unsecured Creditors.

Arthur Marquis, Santa Ana, CA, Asst. U.S. trustee.

MEMORANDUM OF OPINION

JOHN J. WILSON, Bankruptcy Judge.

I. INTRODUCTION

The issue before this Court, on motion by debtor in possession Davey Roofing, Inc. ("Debtor"), is whether alter ego claims against Donald Davey ("Debtor's principal") constitute property of the bankruptcy estate. In bankruptcy, property of the estate does not belong to any individual creditor. If under Ninth Circuit and California law, Debtor could assert an alter ego...

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