Legal Opinion

Southeast Waffles, LLC v. United States Department of Treasury

Court of Appeals for the Sixth Circuit

Decided December 6, 2012No. 11-6522PublishedCited by 28 opinions

1Opinion of the Court

OPINION

STAFFORD, District Judge.

The appellant-debtor, Southeast Waffles, LLC (“SEW”), appeals the Bankruptcy Appellate Panel’s affirmance of the bankruptcy court’s order dismissing SEW’s adversary proceeding for failure to state a claim. SEW filed its adversary proceeding against the United States in SEW’s Chapter 11 bankruptcy case, seeking avoidance of prepetition payments of tax penalties as fraudulent transfers under the Bankruptcy Code, 11 U.S.C. § 548(a)(1)(B), and the Tennessee Uniform Fraudulent Transfer Act (“TUFTA”), Tenn.Code Ann. § 66-3-301 et seq. We AFFIRM.

I

A

As alleged in SEW’s…

2Cases cited11 opinions

  1. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  2. United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
  3. Duncan v. WalkerSupreme Court of the United States · 2001
  4. Midlantic National Bank v. New Jersey Department of Environmental ProtectionSupreme Court of the United States · 1986
  5. Haas v. Internal Revenue ServiceCourt of Appeals for the Eleventh Circuit · 1994

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

3Cited by28 opinions

  1. Lyda v. City of Detroit, Mich. (In Re City of Detroit, Mich.)Court of Appeals for the Sixth Circuit · 2016
  2. Goodman v. H.I.G. Capital, LLC (In re Gulf Fleet Holdings, Inc.)United States Bankruptcy Court, W.D. Louisiana · 2013
  3. Spradlin ex rel. J.A.D. Coal Co. v. Pryor Cashman LLP (In re Licking River Mining, LLC)United States Bankruptcy Court, E.D. Kentucky · 2017
  4. Spradlin v. Monday Coal, LLC (In re Licking River Mining, LLC)United States Bankruptcy Court, E.D. Kentucky · 2017
  5. Expert South Tulsa, LLC v. Cornerstone Creek Partners, LLC (In re Expert South Tulsa, LLC)Bankruptcy Appellate Panel of the Tenth Circuit · 2015

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

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