Slobodian v. United States of America Internal Revenue Service

Filing 15

ORDER (Memorandum 14 filed previously as separate docket entry) - It is hereby ORDERED that: 1. IRS's motion to dismiss 5 is GRANTED to extent it seeks dismissal of trustee's fraudulent transfer claims pursua to t11 USC 548 & 12 Pa.C onst.Stat. 5104 - Counts II & III of amended complaint 8 DISMISSED w/ prejudice.; 2. IRS's motion DENIED in all other respects.; 3. Revised scheduling order shall issue. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 5/12/14. (ki)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA MARKIAN SLOBODIAN, as Trustee for the Bankruptcy Estate of Net Pay Solutions, Inc., d/b/a Net Pay Payroll Services, : : : : : Plaintiff, : : v. : : THE UNITED STATES OF AMERICA, : through the Internal Revenue Service, : : Defendant. : CIVIL NO. 1:13-cv-2677 (Chief Judge Conner) ORDER AND NOW, this 12th day of May, 2014, upon consideration of the motion (Doc. 5) of the United States of America (“United States”), proceeding through the Internal Revenue Service (“IRS”), to dismiss the amended complaint (Doc. 8) filed by debtor Net Pay Solutions, Inc., d/b/a Net Pay Payroll Services (“Net Pay”) through its trustee, Markian Slobodian (“trustee”), and for the reasons set forth in the accompanying memorandum, it is hereby ORDERED that: 1. The IRS’s motion (Doc. 5) to dismiss is GRANTED to the extent it seeks dismissal of the trustee’s fraudulent transfer claims pursuant to 11 U.S.C. § 548 and 12 Pa. Cons. Stat. § 5104. Counts II and III of the amended complaint (Doc. 8) are DISMISSED with prejudice. 2. The IRS’s motion (Doc. 5) is DENIED in all other respects. 3. A revised scheduling order shall issue. /S/ CHRISTOPHER C. CONNER Christopher C. Conner, Chief Judge United States District Court Middle District of Pennsylvania

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