Legal Opinion

In Re: Custom Contractors, LLC, Deborah C. Menotte v. United States

Court of Appeals for the Eleventh Circuit

Decided March 26, 2014No. 12-16489PublishedCited by 28 opinions

1Opinion of the Court

WILSON, Circuit Judge:

This case arises from an attempt by Deborah C. Menotte, as trustee for the estate of Custom Contractors, LLC (Debt- or), to avoid eight transfers made by the Debtor to the Internal Revenue Service (IRS) as payment for the income tax liability of the Debtor’s principal, Brian Den-son. The bankruptcy court ruled in favor of the United States as to the first seven transfers, finding that Menotte failed to prove all the elements of constructive fraud because she could not show the Debtor was operating with unreasonably small capital at the time of the transfers. As to the…

2Cases cited17 opinions

  1. Federal Deposit Insurance v. MeyerSupreme Court of the United States · 1994
  2. United States v. Nordic Village, Inc.Supreme Court of the United States · 1992
  3. Bonded Financial Services, Inc., Debtor-Appellant v. European American BankCourt of Appeals for the Seventh Circuit · 1988
  4. IBT International, Inc. v. Northern (In Re International Administrative Services, Inc.)Court of Appeals for the Eleventh Circuit · 2005
  5. In Re Chase & Sanborn Corporation, Debtor. Paul C. Nordberg, Creditor Trustee v. Arab Banking CorporationCourt of Appeals for the Eleventh Circuit · 1990

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

3Cited by28 opinions

  1. Amir Isiah v. JPMorgan Chase Bank, N.A.Court of Appeals for the Eleventh Circuit · 2020
  2. Marcia Meoli v. The Huntington Nat'l BankCourt of Appeals for the Sixth Circuit · 2017
  3. Wiand v. Wells Fargo Bank, N.A.District Court, M.D. Florida · 2015
  4. Samantha Smith v. United StatesCourt of Appeals for the Eleventh Circuit · 2021
  5. Zazalli v. Swenson (In re DBSI, Inc.)District Court, D. Idaho · 2016

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

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