O'Connell v. Continental Bank (In re Sturm)

19 B.R. 965, 1982 Bankr. LEXIS 4151
CourtUnited States Bankruptcy Court, E.D. Pennsylvania
DecidedMay 12, 1982
DocketBankruptcy No. 81-05108K; Adv. No. 82-0665K
StatusPublished

This text of 19 B.R. 965 (O'Connell v. Continental Bank (In re Sturm)) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, E.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
O'Connell v. Continental Bank (In re Sturm), 19 B.R. 965, 1982 Bankr. LEXIS 4151 (Pa. 1982).

Opinion

OPINION

WILLIAM A. KING, Jr., Bankruptcy Judge.

This case reaches the Court on a complaint for a preliminary injunction filed by the trustee. The trustee sought to impose an injunction to prevent transfers from a bank account in Continental Bank under the name of Legis, Inc. The trustee alleged that these funds were the property of the debtor, Frederick C. Sturm, III. The Court entered a Temporary Restraining Order on March 19, 1982, after a hearing at which counsel for Legis appeared. Subsequently, Legis acquired new counsel and vigorously contested the imposition of an injunction. The trustee filed a complaint to pierce the corporate veil of Legis, Inc., alleging that Legis was a mere sham and the alter ego of the debtor. Both of these matters were heard together and testimony was taken over a period of several days. During the course of this proceeding, two (2) motions to intervene in the action were granted. At the conclusion of the testimony, the Court held the case under advisement, pending the outcome of settlement negotiations. No settlement agreement was filed, therefore, it became necessary for the Court to render a prompt decision. The preliminary injunction was imposed by Order of this Court on April 12, 1982. This Opinion is being filed in support of the Order. Furthermore, this Opinion constitutes the findings of fact and conclusions of law required by Rule 752 of the Rules of Bankruptcy Procedure and Rule 65(d) of the Federal Rules of Civil Procedure.

I.FINDINGS OF FACT

1. On or about December 9, 1981, Frederick C. Sturm, III, filed the above-captioned voluntary petition under Chapter 11 of the Bankruptcy Code. Title 11 U.S.C. § 101 et seq.

2. Plaintiff, James J. O’Connell, Esquire, is the Interim Trustee in the above-captioned Chapter 7 proceeding, having been appointed by Order of the Court on February 16, 1982. This was subsequent to the conversion of the case to Chapter 7.

3. Defendant, Legis, Inc., is a Pennsylvania corporation which maintains its principal place of business at 330 Spruce Street, Philadelphia, Pennsylvania.

4. Legis maintains a bank account (Account Number 44-1-754-9) at Continental Bank.

5. Upon complaint of the trustee (Adversary Number 82-0665K) this Court entered a Temporary Restraining Order on March 19, 1982, and a Preliminary Injunction on April 12, 1982, placing the approximately $11,659.69 in the Continental Bank Account in suspense.

6. On March 29, 1982, the trustee filed a complaint (Adversary Number 82-0764K) alleging that Legis, Inc., and Legal Protection Systems are controlled by and are in-strumentalities of the debtor, Frederick C. Sturm, III.

7. The complaint (Adversary Number 82-0764) seeks to piece the corporate veil of Legis, Inc. and prays for an order of turnover of all funds and assets in the possession of defendants, Legis, Inc. and Legal Protection Systems.

8. The trustee has requested relevant bank data from Continental Bank but presently has not received such information.

[967]*9679. The trustee has requested cancelled checks from the Legis, Inc. account but presently has not received them from Continental Bank. The delay results from the fact that batches of microfiche must be searched by hand.

10. Data from Central Penn Bank, the former depository of the defendants, has not yet been turned over to the trustee.

11. Debtor’s premises at 330 Spruce Street, Philadelphia, Pennsylvania, has been inspected by the trustee and members of his staff.

12. The trustee’s investigation failed to discover checkbooks for Legal Insurance, Inc. or Legal Protection Systems at 330 Spruce Street.

13. Bank statements and cancelled checks of Legis, Inc. are missing from that location.

14. Approximately 65 out of 500 checks, or at least 13% of all Legal Protection System’s cancelled checks are missing from the checks found at 330 Spruce Street, Philadelphia, Pennsylvania.

15. The trustee has been unable to contact or locate Howard Shull, an alleged member of the board of directors of Legis, Inc., for examination.

16. The trustee wishes to examine Mr. Shull regarding the transfer of corporate funds to casinos, the whereabouts of assets of the estate, and the workings of Legis, Inc.

17. The trustee is unable to locate any deposit slips from any of the relevant bank accounts.

18. The trustee caused a subpoena requesting books and records of the corporate entities to be served upon Cheryl Staffin, Chairperson of Legis, Inc.

19. With one exception, no books or records were presented to the trustee pursuant to that subpoena. A single confirmation of deposit statement from Merrill Lynch was presented to the trustee on the date of the trial.

20. The trustee caused a subpoena requesting books and records of the debtor and related entities to be served upon Frederick C. Sturm, III. Almost no books and records were presented to the trustee pursuant to this subpoena.

21. The trustee’s review of the debtor’s bankruptcy schedules failed to disclose any interest of the debtor in bank accounts.

22. Bank statements mailed to the debtor were diverted by the postmaster to the trustee and indicated the existence of an account in the debtor’s name at Merrill-Lynch and an account in the name of Legis, Inc. at Continental Bank. These accounts are the subject of litigation in this Court.

23. The investigation of the trustee failed to uncover any books of original entry of Legis, Inc. or Legal Protection Systems on the premises at 330 Spruce Street, Philadelphia, Pennsylvania.

24. The trustee testified that it is his belief that it is in the best interests of the estate to continue the status quo by a continuance of the preliminary injunction pending completion of his investigation.

25. There are no books or original entry nor cash receipts journal, cash disbursements journal, general journal, nor any ledger of Legis, Inc. in existence; with the sole exception of the corporate check book.

26. The chairperson and chief executive officer of Legis, Inc. is not aware of what happened to missing checks of the Legis, Inc. account.

27. Frederick C. Sturm, III, is the incorpo-rator of Legal Insurance, Inc.

28. Sturm owned all stock of Legal Insurance, Inc. at its inception.

29. The stock of Legal Insurance, Inc. was issued in March of 1981 to Cheryl Staffin in consideration of certain research and investigative services performed on behalf of Frederick C. Sturm, III, in the case of United States v. Frederick C. Sturm, III, in the United States District Court for the Eastern District of Pennsylvania.

30. At the time of the transfer of ownership and the issuance of stock by Sturm to Staffin, both Sturm and Staffin lived at 330 Spruce Street, Philadelphia, Pennsylvania. [968]*96831. Checks were drawn on the Legal Insurance Account at Central-Penn National Bank to Western Savings Bank for the monthly mortgage on property owned by Sturm and his wife.

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Related

Definitions
11 U.S.C. § 101

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Bluebook (online)
19 B.R. 965, 1982 Bankr. LEXIS 4151, Counsel Stack Legal Research, https://law.counselstack.com/opinion/oconnell-v-continental-bank-in-re-sturm-paeb-1982.