Legal Opinion

Menchise v. Steffen (In re Steffen)

United States Bankruptcy Court, M.D. Florida

Decided January 4, 2012No. Bankruptcy No. 8:01-bk-09988-MGW; Adversary No. 09-ap-00093-MGWPublishedCited by 6 opinions

1Opinion of the Court

MEMORANDUM OPINION ON CROSS-MOTIONS FOR SUMMARY JUDGMENT

MICHAEL G. WILLIAMSON, Bankruptcy Judge.

The Trustee and the Internal Revenue Service seek a declaration that property previously owned by the Debtor remains property of the estate as a matter of law even though it has been transferred twice—first to Guerrini Family Limited Partnership (“GFLP”) and later to Daer Holdings, LLC (“Daer”)—as part of two court-approved sales in two different bankruptcy cases. They claim both transfers were ineffective because the property was transferred to the Debtor’s nominees: GFLP and Daer. The IRS, which…

2Cases cited14 opinions

  1. United States Ex Rel. Internal Revenue Service v. McDermottSupreme Court of the United States · 1993
  2. In the Matter of Met-L-Wood Corporation, Debtor. Appeal of Constantine John Gekas, Trustee. Constantine John Gekas, Trustee v. Frederick L. PipinCourt of Appeals for the Seventh Circuit · 1988
  3. In the Matter of Arlo B. Edwards, Debtor-Appellee. Appeal of Golden Guernsey Dairy Co-OpCourt of Appeals for the Seventh Circuit · 1992
  4. Shades Ridge Holding Company, Inc. v. United States of America, United States of America v. Sam A. Fiorella and Shades Ridge Holding Company, Inc.Court of Appeals for the Eleventh Circuit · 1989
  5. Federal Deposit Insurance Corp. v. Figge (In Re Figge)United States Bankruptcy Court, C.D. California · 1988

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3Cited by6 opinions

  1. Ehrenberg v. Roussos (In re Roussos)United States Bankruptcy Court, C.D. California · 2015
  2. In re Digital Community Networks, Inc.United States Bankruptcy Court, M.D. Florida · 2013
  3. Amborn v. TaylorUnited States Bankruptcy Court, D. Oregon · 2020
  4. In re: Daniel Roman-Perez and Cynthia Gonzalez-Arroyo v. Operating Partners Co. LLC; et al.United States Bankruptcy Court, D. Puerto Rico · 2015
  5. US Trustee, Eugene v. Lester, Jr.United States Bankruptcy Court, D. Oregon · 2020

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