What is the test for making a deliberate and deliberate decision to pay other creditors while the trust fund liability is outstanding?
MultiRegion, United States of America
The following excerpt is from Buffalow v. U.S., 109 F.3d 570 (9th Cir. 1997):
Buffalow ran afoul of this body of law when he made a deliberate, if in many ways sound, decision to pay other creditors while he knew that the trust fund liability was outstanding and unpaid. See Purcell v. United States, 1 F.3d 932, 938 (9th Cir.1993). He does not deny that he did just that.
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