Crestmark Bank v. United States (In Re Spearing Tool & Manufacturing Co.)

Opinion Regarding Plaintiffs’ Motion for Summary Judgment

STEVEN W. RHODES, Chief Judge.

The plaintiffs, Crestmark Bank and Crestmark Financial Corp., filed a motion for summary judgment to determine hen priority. The defendant, the Internal Revenue Service, filed an objection. Following a hearing on March 31, 2003, the Court took the matter under advisement. The Court now concludes that there are no genuine issues of material fact and that as a matter of law, the plaintiffs’ motion for summary judgment should be denied and that the IRS is entitled to summary judgment.

I

In April of 1998, the…