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)

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