Legal Opinion
Hayes v. First American National Bank of Nashville (In re Service Corp. of America)
United States Bankruptcy Court, M.D. Tennessee
Decided June 15, 1990No. Bankruptcy No. 388-03253; Adv. No. 390-0019APublishedCited by 1 opinion
1Opinion of the Court
MEMORANDUM
KEITH M. LUNDIN, Bankruptcy Judge.
This is a dispute between the Internal Revenue Service and a material supplier to the debtor over rights in the balance due under a construction contract. Because Tennessee law does not impose a trust on construction funds and this subcontract does not include a provision for retainage, the IRS’s lien attaches to the balance due the debtor.
I
In 1987, Hayes and Sons Construction Company (“Hayes”) was hired to build a service station. Hayes hired the debtor as a subcontractor. Pruitt supplied materials and labor to the debtor. Pruitt had no contractual…
2Cases cited16 opinions
- Aquilino v. United StatesSupreme Court of the United States · 1960
- 1 Collier bankr.cas.2d 42, Bankr. L. Rep. P 67,033 Ralph I. Selby, Trustee in Bankruptcy for the Frimberger Corporation v. Ford Motor CompanyCourt of Appeals for the Sixth Circuit · 1979
- United States v. Durham Lumber Co.Supreme Court of the United States · 1960
- Georgia Pacific Corporation v. Sigma Service CorporationCourt of Appeals for the Fifth Circuit · 1983
- United Parcel Service, Inc., Etc. v. Weben Industries, Inc., and Conveyor, MacHinery & Steel Erectors, Inc. v. Mercantile National Bank at DallasCourt of Appeals for the Fifth Circuit · 1986
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3Cited by1 opinion
- M & T Electrical Contractors, Inc. v. Capital Lighting & Supply, Inc. (In Re M & T Electrical Contractors, Inc.)District Court, District of Columbia · 2001