Legal Opinion
McClarty v. Hatchett (In re Hatchett)
United States Bankruptcy Court, E.D. Michigan
Decided April 18, 2018No. Case No. 17-45163-MBM; Adv. P. No. 17-04700-MBMPublishedCited by 3 opinions
1Opinion of the Court
Marci B. McIvor, United States Bankruptcy Judge
This matter is before the Court on a Motion to Dismiss filed by the Internal Revenue Service ("IRS"). Plaintiff/Trustee's adversary complaint alleges that debtor, Laurestine Hatchett, used her assets to pay federal tax liabilities owed by her husband, Elbert Hatchett, and/or his law firm. The Trustee claims that the payments constitute fraudulent transfers under 11 U.S.C. §§ 544(a) and (b), and seeks to recover the payments for Debtor's bankruptcy estate. The IRS asserts that the Trustee's claims are barred by sovereign immunity. For the reasons…
2Cases cited18 opinions
- Shaw v. Delta Air Lines, Inc.Supreme Court of the United States · 1983
- Hines v. DavidowitzSupreme Court of the United States · 1941
- Rice v. Santa Fe Elevator Corp.Supreme Court of the United States · 1947
- Florida Lime & Avocado Growers, Inc. v. PaulSupreme Court of the United States · 1963
- English v. General Electric Co.Supreme Court of the United States · 1990
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3Cited by3 opinions
- Brekelmans v. SalasUnited States Bankruptcy Court, M.D. Tennessee · 2021
- Cafferty v. BlackmarUnited States Bankruptcy Court, N.D. Ohio · 2021
- Miller v. The United States of AmericaUnited States Bankruptcy Court, D. Utah · 2020