Post
Topic
Board Service Announcements
Re: bitfloor needs your help!
by
DeathAndTaxes
on 07/09/2012, 18:18:39 UTC
Small claims court has no jurisdictional authority to pierce the corporate veil, at least not in VA and seriously doubt it can be done in NY. Filing against Roman personally would simply get it dismissed off the bat.  You certainly could file suit against Bitfloor but then any damages are owed by Bitfloor, Inc.  Bitfloor, Inc already owes you so you haven't accomplished a lot. Just my opinion but the probability of getting awarded damages is very low.  No court in the country has awarded damages based on Bitcoin losses, debts, or claims.  It is somewhat unlikely a small claims judge wants to be the first based on the incomplete evidence and lack of counsel which is common in small claims court. 

If Roman used a personal bank account for company business it "could" be used to pierce the corporate veil.  I don't recall getting any ACHs from Roman I did get ACHs from Bitfloor, Inc.  Still even with technical violations like incorrect accounts, or missed corporate meetings the court usually considers intent.  Was it a technical violation or is there evidence that the intent was to run personal finances through a sham corporations?  Depending on the evidence you *may* get the damages transfered to the owners but it would hardly be "simple".  More like a legal longshot and it isn't going to happen without retaining counsel.


The person offering 25% can likely get as much debt as he can possibly afford for less than 25%.  Good thing for him you rejected him out of hand.