ALLIANT TAX CREDIT 31, INC v. MURPHY

No. 15-14634.

924 F.3d 1134 (2019)

ALLIANT TAX CREDIT 31, INC, a Florida corporation, Alliant Tax Credit Fund XXVII, Ltd., a Florida limited partnership, Alliant Tax Credit Tax Credit XXVII, Inc, a Florida corporation, Alliant Tax Credit XI, Inc., a Florida corporation, Alliant Tax Credit XI, Ltd., a Florida limited partnership, Plaintiffs-Counter Defendants-Appellees-Cross Appellants, v. M. Vincent MURPHY, III, Multifamily Housing Developers, L.L.C., a Georgia limited liability company, Community Management Services, Inc., a Georgia corporation, Gazebo Park Apartments of Acworth, LLC, a Georgia limited liability company, Defendants-Appellants-Cross Appellees, Marilyn Murphy, Defendant-Counter Claimant-Appellant-Cross Appellee.

United States Court of Appeals, Eleventh Circuit.

May 15, 2019.


Attorney(s) appearing for the Case

Evan Mark Tager , Brian David Netter , Mayer Brown, LLP, WASHINGTON, DC, Keith Jerrod Barnett , Eversheds Sutherland (US) LLP, ATLANTA, GA, W. H. Bundy, Jr. , Michael Brent McDonald , Smith Bundy Bybee & Barnett, PC, MOUNT PLEASANT, SC, Edward D. Johnson , Mayer Brown, LLP, PALO ALTO, CA, for Plaintiffs-Appellees-Cross Appellants.

Shawn Michael Winterich , The Winterich Law Firm, LLC, MARIETTA, GA, Richard K. Hines , Mark Robert Nash , Nelson Mullins Riley & Scarborough, LLP, ATLANTA, GA, Stan Kreimer, Jr. , Johnson & Ward, ATLANTA, GA, for Defendants-Appellants-Cross Appellees.

Before TJOFLAT and WILLIAM PRYOR, Circuit Judges, and MURPHY, District Judge.


This fraudulent-transfer case, like many such cases, is a suit about a suit. In the first suit, Plaintiffs obtained a judgment in federal district court in Kentucky for breach of a partnership contract. But when Plaintiffs tried to collect, they discovered that the once-wealthy Defendant was figuratively penniless. The surprised...

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