New Horizons Supply Cooperative v. Haack
Wisconsin Court of Appeals
590 N.W.2d 282 (Wis. App. 1999)
Allison Haack (defendant) signed an agreement on behalf of Kickapoo Valley Freight, LLC (KVF) to take responsibility for gas purchases made with a card from New Horizons Supply Cooperative (plaintiff). After $1,009.99 went unpaid, Haack told New Horizons that KVF had dissolved, but KVF never filed articles of dissolution or gave creditors formal notice of its dissolution or a claims schedule. New Horizons sued to recover the unpaid balance, and the trial court ruled in its favor; Haack appealed.
Whether a creditor of a dissolving LLC may pursue a claim against an individual member personally when the member did not provide the creditor with formal notice of the dissolution procedures or schedule.