Everett v. Thomas Capital Investments (In Re Pacific Thomas Corp.)

MEMORANDUM ***

Thomas Capital Investments (“TCI”) appeals a judgment of the district court affirming a judgment of the bankruptcy court allowing the Chapter 11 trustee to avoid $341,059.51 in preferential, fraudulent, and post-petition transfers. The bankruptcy court entered its judgment after finding that TCI, by failing to respond to the trustee’s requests for admissions within thirty days, was deemed to have admitted all of the facts necessary to show that the transfers were avoidable. See Fed. R. Bankr. P. 7036 (stating that Fed. R. Civ. P. 36 applies in adversary proceedings).

TCI contends…