Legal Opinion

Menotte v. United States (In Re Custom Contractors, LLC)

United States Bankruptcy Court, S.D. Florida.

Decided October 5, 2010No. 19-11177PublishedCited by 8 opinions

1Opinion of the Court

MEMORANDUM ORDER DENYING MOTION TO DISMISS BY UNITED STATES OF AMERICA

PAUL G. HYMAN, Chief Judge.

THIS MATTER came before the Court for hearing on September 24, 2010, upon the United States of America’s (the “Defendant” or the “IRS”) Motion to Dismiss (the “Motion”), and Deborah C. Menotte’s (the “Trustee”) response thereto. For the reasons set forth below, the Court herewith denies the Motion.

BACKGROUND

Custom Contractors, LLC (the “Debt- or”) filed a Chapter 7 petition on July 15, 2009 (the “Petition Date”). Brian Denson (“Denson”) was the principal of the Debt- or. On July 29, 2010, the…

2Cases cited17 opinions

  1. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  2. Conley v. GibsonSupreme Court of the United States · 1957
  3. Scheuer v. RhodesSupreme Court of the United States · 1974
  4. M'culloch v. State of MarylandSupreme Court of the United States · 1819
  5. United States v. Nordic Village, Inc.Supreme Court of the United States · 1992

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3Cited by8 opinions

  1. Zazzali v. United States (In Re DBSI, Inc.)Court of Appeals for the Ninth Circuit · 2017
  2. United States v. Equipment Acquisition ResourceCourt of Appeals for the Seventh Circuit · 2014
  3. Zazzali Ex Rel. DBSI Estate Litigation Trust v. Swenson (In Re DBSI, Inc.)United States Bankruptcy Court, D. Delaware · 2012
  4. Furr v. United States Department of Treasury Internal Revenue Service (In Re Pharmacy Distributor Services, Inc.)United States Bankruptcy Court, S.D. Florida. · 2011
  5. Kapila v. Internal Revenue Service (In Re ATM Financial Services, LLC)United States Bankruptcy Court, M.D. Florida · 2011

3 more not listed; retrieve them via the Exa API.

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