Legal Opinion
Furr v. United States Department of Treasury Internal Revenue Service (In Re Pharmacy Distributor Services, Inc.)
United States Bankruptcy Court, S.D. Florida.
Decided August 17, 2011No. 19-11206PublishedCited by 11 opinions
1Opinion of the Court
ORDER DENYING MOTION TO DISMISS [ECF No. 15]
ERIK P. KIMBALL, Bankruptcy Judge.
In its Motion to Dismiss the Amended Complaint [ECF No. 15] (the “Motion to Dismiss”), the United States of America (the “United States”) argues that the trustee’s fraudulent conveyance action brought under section 544 1 is not subject to waiver of sovereign immunity in spite of the fact that section 106 explicitly waives sovereign immunity for actions under section 544. The United States argues that a rule of Florida law prohibiting claims for refund of Florida taxes that were voluntarily paid should be extended to…
2Cases cited13 opinions
- United States v. SherwoodSupreme Court of the United States · 1941
- Lane v. PenaSupreme Court of the United States · 1996
- Picard Ex Rel. Bernard L. Madoff Investment Securities LLC v. Estate of Chais (In Re Bernard L. Madoff Investment Securities LLC)United States Bankruptcy Court, S.D. New York · 2011
- Collins v. United StatesUnited States Court of Claims · 1976
- Liebersohn v. Internal Revenue Service (In re C.F. Foods, L.P.)United States Bankruptcy Court, E.D. Pennsylvania · 2001
8 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- In Re: Custom Contractors, LLC, Deborah C. Menotte v. United StatesCourt of Appeals for the Eleventh Circuit · 2014
- Zazzali v. United States (In Re DBSI, Inc.)Court of Appeals for the Ninth Circuit · 2017
- United States v. Equipment Acquisition ResourceCourt of Appeals for the Seventh Circuit · 2014
- In re Petters Co.United States Bankruptcy Court, D. Minnesota · 2013
- Zazzali Ex Rel. DBSI Estate Litigation Trust v. Swenson (In Re DBSI, Inc.)United States Bankruptcy Court, D. Delaware · 2012
6 more not listed; retrieve them via the Exa API.