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IN RE SOUTHEAST WAFFLES, LLC

No. 11-6522.

702 F.3d 850 (2012)

In re SOUTHEAST WAFFLES, LLC, Debtor. Southeast Waffles, LLC, Plaintiff-Appellant, v. United States Department of Treasury/Internal Revenue Service, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 6, 2012.

Attorney(s) appearing for the Case

ARGUED: Glenn B. Rose , Harwell Howard Hyne Gabbert & Manner, P.C., Nashville, Tennessee, for Appellant. Rachel I. Wollitzer , United States Department of Justice, Washington, D.C., for Appellee. ON BRIEF: Glenn B. Rose , Barbara D. Holmes , Harwell Howard Hyne Gabbert & Manner, P.C., Nashville, Tennessee, for Appellant. Rachel I. Wollitzer , Tamara W. Ashford , Jonathan S. Cohen , United States Department of Justice, Washington, D.C., for Appellee.

Before: BOGGS and CLAY, Circuit Judges; and STAFFORD, District Judge.

OPINION

STAFFORD, District Judge.

The appellant-debtor, Southeast Waffles, LLC ("SEW"), appeals the Bankruptcy Appellate Panel's affirmance of the bankruptcy court's order dismissing SEW's adversary proceeding for failure to state a claim. SEW filed its adversary proceeding against the United States in SEW's Chapter 11 bankruptcy case, seeking avoidance of prepetition payments of tax penalties as fraudulent transfers under the Bankruptcy Code, 11 U.S.C....

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