Quimbee logo
DMCA.com Protection Status
  • F
  • Fett Roofing and Sheet Metal Co. v. MooreFett Roofing and Sheet Metal Co. v. Moore
From our private database of 16,800+ case briefs...

Fett Roofing and Sheet Metal Co. v. Moore

United States District Court for the Eastern District of Virginia
438 F. Supp. 726 (1977)


Donald M. Fett, Sr. was the sole proprietor of Fett Roofing and Sheet Metal Co., Inc. (Fett Roofing). Fett invested nearly $5,000 and incorporated. Fett was the only shareholder and president. Fett secured three personal loans from 1974 to 1976 and transferred the money to the corporation. When Fett Roofing became insolvent, Fett backdated and recorded deeds of trust on Fett Roofing’s assets as security for the loans. In 1976, Fett Roofing was forced into bankruptcy with over $400,000 in secured debt. The bankruptcy judge found that Fett Roofing had been undercapitalized since it was formed and Fett’s “loans” were necessary contributions. The judge also found that the deeds of trust were backdated after insolvency to defraud other creditors. The judge concluded that Fett Roofing was Fett’s alter ego. The payments Fett made were deemed contributions instead of loans, and Fett’s claims were subordinated to those of Fett Roofing’s other creditors. Further, even if the contributions had been loans, the loans and the deeds of trust were held fraudulent in violation of state and federal bankruptcy law. Fett appealed to the United States District Court for the Eastern District of Virginia.

Rule of Law


Holding and Reasoning (Clarke, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 450,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 450,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 16,800 briefs, keyed to 224 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial