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IN RE CUSTOM CONTRACTORS, LLC

No. 12-16489.

745 F.3d 1342 (2014)

In re CUSTOM CONTRACTORS, LLC, Debtor. Deborah C. Menotte, Plaintiff-Appellant, v. United States of America, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

March 26, 2014.

Attorney(s) appearing for the Case

George Steven Fender , Michael Bakst , Rilyn A. Carnahan , Greenspoon Marder , PA West Palm Beach, FL, for Plaintiff-Appellant.

Kenneth W. Rosenberg , Rachel Ida Wollitzer , Thomas J. Clark , Philip Doyle , U.S. Department of Justice, Washington, DC, Wifredo A. Ferrer , Anne Ruth Schultz , U.S. Attorney's Office, Miami, FL, for Defendant-Appellee.

Before CARNES, Chief Judge, WILSON and FAY, Circuit Judges.

WILSON, Circuit Judge:

This case arises from an attempt by Deborah C. Menotte, as trustee for the estate of Custom Contractors, LLC (Debtor), 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 Denson. 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...

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