New Cingular Wireless Services v. Wire Comm Wireless
New Cingular Wireless Services, Inc. (Cingular) is a creditor of Wire Comm Wireless, Inc. (Wire Comm), which had been a retailer of wireless equipment and dealer of Cingular wireless services. After Wire Comm terminated its dealer agreement with Cingular, Cingular brought suit against Wire Comm and its shareholders, Richard and Shirley McCormick and their son and daughter-in-law, Tim and Renee McCormick (collectively, the McCormicks), and Premiere Wireless Solutions (Premiere), alleging the McCormicks conspired to cause Wire Comm to fraudulently transfer hundreds of thousands of dollars and most of its physical assets to Premiere for no consideration so that they could avoid a multi-million dollar obligation to Cingular arising from Wire Comms breach of the dealer agreement. Cingular also alleged the McCormicks regularly used the assets of Wire Comm and Premiere for their personal uses and caused the assets to be transferred to themselves for no or inadequate consideration, and a unity of interest and ownership exist[ed] between the McCormicks and both [Wire Comm] and Premiere such that the corporations ha[d] no distinct identity.
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