(DOWNLOAD) "Pueblo of Sandia v. United States" by United States Court of Appeals for the Tenth Circuit * Book PDF Kindle ePub Free
eBook details
- Title: Pueblo of Sandia v. United States
- Author : United States Court of Appeals for the Tenth Circuit
- Release Date : January 14, 1995
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
The United States appeals the bankruptcy courts decision, affirmed by the district court, granting summary judgment for plaintiffs LMS Holding Company, Petroleum Marketing Company, and Retail Marketing Company (RMC) (collectively, debtors). The only issue on appeal is whether RMC was entitled to avoid an Internal Revenue Service (IRS) lien thereby leaving the IRS with only an unsecured claim against RMC. We have jurisdiction pursuant to 28 U.S.C. 158(d). See Adelman v. Fourth National Bank and Trust Company (In re Durability, Inc.), 893 F.2d 264, 266 (10th Cir. 1990). The IRS perfected a notice of federal tax lien against MAKO, Inc. based on assessments for unpaid federal taxes of more than $330,000. MAKO later filed a petition for relief under Chapter 11 of the Bankruptcy Code. Pursuant to the MAKO plan of liquidation (MAKO Plan), RMC, an unrelated entity, acquired all of the assets of the MAKO bankruptcy estate and assumed all of MAKOs secured liabilities. The IRS consented to the liquidation plan and the parties agree that it retained its lien against the property securing the IRS claim. The IRS interests were represented through counsel during the administration of the MAKO bankruptcy. The bankruptcy court confirmed the MAKO plan in August 1989. The IRS never filed any federal tax lien notices in the name of RMC.