- 11 U.S.C.
Menotte v. United States (In re Custom Contrs. LLC)
Oct
05
2010
Ruling
Trustee could seek to recover prepetition personal tax payments made by owner of LLC with LLC money.
Procedural posture
Chapter 7 trustee filed an adversary proceeding against defendant United States Government, seeking a determination that payments an LLC made to the Internal Revenue Service before the LLC declared chapter 7 bankruptcy could be avoided under 11 U.S.C.S. §§ 544 and 548 and the Florida Uniform Fraudulent Transfer Act (FUFTA), Fla. Stat. § 726.105 et seq. The Government filed a motion to dismiss the trustee's complaint.
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Court
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