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· 5/8/2024

Lucas v. Genting N.Y., LLC

Citations

  • 2024 NY Slip Op 02529

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that the second prong of this analysis is “purely a question of state law, without an antecedent federal-law recasting of the disputed transactions”
  • imposing a knowledge requirement in a Uniform Fraudulent Transfer Act case while citing a Fraudulent Conveyance Act case
  • collecting cases that discuss the test for constructive knowledge under North Carolina law
  • discussing 26 U.S.C. § 6901 (a) and explaining that \[a]n alleged transferee's substantive liability for another taxpayer's unpaid taxes is purely a question of state law ...; plac[ing] the IRS in precisely the same position as that of ordinary creditors under state law\
  • “An alleged transferee’s substantive liability for another taxpayer’s unpaid taxes is purely a question of state law, without an antecedent federal-law recasting of the disputed transactions.”
  • look to North Carolina law regarding creditors’ rights

Source: CourtListener parenthetical corpus (CC0).

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.