Dakmak v. United States (In Re Falbe)

MEMORANDUM OPINION

GEORGE BRODY, Chief Judge.

The question presented is whether an agreement to reassign a liquor license is a security interest, and, if it is, whether it has priority over a federal tax lien obtained pursuant to 26 U.S.C. § 6321.

The following facts were stipulated:

1. On October 26,1983, Terry Lee Falbe sold tangible and intangible personal property to S.L.B. Enterprises, Inc. Included in the property sold by Terry Lee Falbe to S.L.B. Enterprises was a Michigan Class C liquor license.

2. On October 26, 1983, S.L.B. Enterprises and Terry Lee Falbe executed a security agreement.

3.…