Legal Opinion
Grubbs Construction Co. v. Florida Department of Revenue (In Re Grubbs Construction Co.)
United States Bankruptcy Court, M.D. Florida
Decided January 3, 2008No. Bankruptcy Nos. 03-08573-8W1, 03-08222-8W1, Adversary No. 04-545PublishedCited by 7 opinions
1Opinion of the Court
MEMORANDUM DECISION AND ORDER GRANTING SUMMARY JUDGMENT IN FAVOR OF THE FLORIDA DEPARTMENT OF REVENUE
MICHAEL G. WILLIAMSON, Bankruptcy Judge.
A state is deemed to have waived its sovereign immunity from a suit to avoid a fraudulent transfer in bankruptcy court by filing a proof of claim relating to the same transaction or occurrence giving rise to the estate’s fraudulent transfer action against the state. In this case, The Florida Department of Revenue (“DOR”) did in fact file such a claim. However, under Bankruptcy Code section 544(b) — which allows the trustee to avoid transfers that are…
2Cases cited17 opinions
- Gardner v. New JerseySupreme Court of the United States · 1947
- Moore v. BaySupreme Court of the United States · 1931
- In re Pegasus Gold Corp.Court of Appeals for the Ninth Circuit · 2005
- Securities Investor Protection Corp. v. Stratton Oakmont, Inc.United States Bankruptcy Court, S.D. New York · 1999
- In Re Keith v. Pinkstaff Linda L. Pinkstaff, Debtors. Keith v. Pinkstaff Linda L. Pinkstaff v. United StatesCourt of Appeals for the Ninth Circuit · 1992
12 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Smith v. AMERICAN FOUNDERS FINANCIAL, CORP.District Court, S.D. Texas · 2007
- United States v. Equipment Acquisition ResourceCourt of Appeals for the Seventh Circuit · 2014
- Philadelphia Entertainment & Development Partners, L.P. v. Pennsylvania Department of Revenue (In re Philadelphia Entertainment & Development Partners, L.P.)United States Bankruptcy Court, E.D. Pennsylvania · 2016
- Equipment Acquisition Resources, Inc. v. United States (In Re Equipment Acquisition Resources, Inc.)United States Bankruptcy Court, N.D. Illinois · 2011
- Kapila v. Bank of America, N.A. (In re Pearlman)United States Bankruptcy Court, M.D. Florida · 2013
2 more not listed; retrieve them via the Exa API.