Legal Opinion

United States v. Buenting (In Re Crystal Cascades Civil, LLC)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided June 18, 2009No. BAP No. NV-08-1314-JuHMo. Bankruptcy No. 05-20550. Adv. No. 06-01082PublishedCited by 8 opinions

1Opinion of the Court

MEMORANDUM

MEREDITH A. JURY, Bankruptcy Judge.

Appellees Richard H. Buenting (“Buent-ing”) and Road & Highway Builders, LLC, (“Road & Highway”)(collectively, “Appel-lees”) filed an adversary complaint against appellant United States of America (“IRS”) seeking a judicial declaration that their later-in-time recorded liens against Crystal Cascades Civil, LLC’s real property were superior to the IRS’s two notices of federal tax lien (variously, “NFTLs” and “liens”) recorded against the same property. 1

The validity of the IRS’s tax liens against Appellees is governed by 26 U.S.C. § 6323(f). 2 The…

2Cases cited14 opinions

  1. United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
  2. United States v. David SilvermanCourt of Appeals for the Ninth Circuit · 1988
  3. United States v. Equitable Life Assurance Soc. of United StatesSupreme Court of the United States · 1966
  4. Tkb International, Inc. v. United States of America, Tkb International, Inc. v. United StatesCourt of Appeals for the Ninth Circuit · 1993
  5. United States v. SiricoDistrict Court, S.D. New York · 1965

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3Cited by8 opinions

  1. Road & Highway Builders, LLC v. United StatesCourt of Appeals for the Federal Circuit · 2012
  2. In Re MerrillUnited States Bankruptcy Court, D. Idaho · 2009
  3. Green Pastures Christian Ministries, Inc. v. United States Ex Rel. Internal Revenue Service (In Re Green Pastures Christian Ministries, Inc.)United States Bankruptcy Court, N.D. Georgia · 2010
  4. Road & Highway Builders, LLC v. United StatesUnited States Court of Federal Claims · 2011
  5. Birdsell v. Bella Funding, L.L.C. Ex Rel. Visani (In Re Arvizu Construction, Inc.)United States Bankruptcy Court, D. Arizona · 2010

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