Haas v. Internal Revenue Service
Court of Appeals for the Eleventh Circuit
1Opinion of the Court
ANDERSON, Circuit Judge:
I. INTRODUCTION
At issue in this case are the relative priorities to be accorded a reinstated mortgage Hen and a competing federal tax Hen where the federal tax Hen arose prior to the reinstatement of the mortgage Hen. The bankruptcy court, applying Alabama law, held that the reinstated mortgage Hen had priority over the federal tax lien. The district court, following the reasoning of the bankruptcy court, affirmed. For the reasons set forth below, we reverse.
II. FACTS
On January 4, .1979, Thomas M. Haas and Bernice E. Haas (“Debtors”) executed a mortgage on their…
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