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IN RE PHARMACY DISTRIBUTOR SERVICES, INC.

Bankruptcy No. 08-27284-EPK. Adversary No. 11-01844-EPK.

455 B.R. 817 (2011)

In re PHARMACY DISTRIBUTOR SERVICES, INC., Debtor. Robert C. Furr, Trustee for the Bankruptcy Estate of Pharmacy Distributor Services, Inc., Plaintiff, v. United States Department of Treasury Internal Revenue Service, Defendant.

United States Bankruptcy Court, S.D. Florida, West Palm Beach Division.

August 17, 2011.

Attorney(s) appearing for the Case

Marc P. Barmat, Boca Raton, FL, for Plaintiff.

Thomas K. Vanaskie, William E. Farrior, Washington, DC, for Defendant.

ORDER DENYING MOTION TO DISMISS [ECF No. 15]

ERIK P. KIMBALL, Bankruptcy Judge.

In its Motion to Dismiss the Amended Complaint [ECF No. 15] (the "Motion to Dismiss"), the United States of America (the "United States") argues that the trustee's fraudulent conveyance action brought under section 5441 is not subject to waiver of sovereign immunity in spite of the fact that section 106 explicitly waives sovereign immunity...

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