Chicago Business Litigation Lawyer Blog
Corporate veil piercing is a legal concept that allows a court to hold individual shareholders or owners of a corporation personally liable for the corporation’s actions or debts. It is a complex legal doctrine that is typically associated with business law, but in the case of Oliver v. Isenberg, 2019 IL App (1st) 181551-U, it was invoked in the context of family law. In this blog post, we will explore the unique application of veil piercing in this case and its implications for corporate liability in family law matters.
Background of the Case
Oliver v. Isenberg was primarily a family law case involving child custody and visitation rights. However, a significant twist in this case involved the issue of veil piercing, which emerged when Mr. Oliver sought to hold Ms. Isenberg personally liable for certain corporate debts.
The Legal Issues
- Veil Piercing in Family Law: Veil piercing is a legal doctrine more commonly associated with business law. It allows a court to disregard the legal separation between a corporation and its owners when certain conditions are met. In Oliver v. Isenberg, the issue was whether this doctrine could be applied in a family law context.
- Corporate Debts and Personal Liability: Mr. Oliver argued that Ms. Isenberg had manipulated the family’s corporate assets and finances to avoid paying child support and alimony. He contended that her actions were tantamount to piercing the corporate veil, making her personally liable for the outstanding financial obligations.
- Complex Legal Terrain: Veil piercing cases are notoriously complex, requiring the court to consider various factors, including whether the corporation was used to commit fraud, evade legal obligations, or if it lacked a true separate identity from its owners. In the family law context, this complexity was compounded by the emotional and personal nature of the dispute.