Buenting v. Crystal Cascades Civil, LLC (In Re Crystal Cascades Civil, LLC)
United States Bankruptcy Court, D. Nevada
1Opinion of the Court
AMENDED OPINION AFTER TRIAL
BRUCE A. MARKELL, Bankruptcy Judge.
I. Introduction
Plaintiffs, Gary H. Buenting and his 50% owned company, Road & Highway Builders, LLC (“Plaintiffs”), claim that their deeds of trust on debtor’s real property were senior to two tax liens filed by the Internal Revenue Service (“IRS”) against the same property. This claim of priority matters because the real property involved has been foreclosed upon, and there are surplus proceeds of some $321,000. While not a small sum, it is less than either the Plaintiffs’ or the IRS’s claims. As a result, whoever is senior gets…
2Cases cited26 opinions
- In Re Pacor, Inc. v. John Higgins, Jr. And Louise HigginsCourt of Appeals for the Third Circuit · 1984
- United States v. Pioneer American InsuranceSupreme Court of the United States · 1963
- In re Pegasus Gold Corp.Court of Appeals for the Ninth Circuit · 2005
- United States v. SiricoDistrict Court, S.D. New York · 1965
- Richter's Loan Company v. United StatesCourt of Appeals for the Fifth Circuit · 1956
21 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Road & Highway Builders, LLC v. United StatesCourt of Appeals for the Federal Circuit · 2012
- United States v. Buenting (In Re Crystal Cascades Civil, LLC)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2009
- Kirton v. Valley Health System (In Re Valley Health System)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2012
- 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
- Road & Highway Builders, LLC v. United StatesUnited States Court of Federal Claims · 2011
3 more not listed; retrieve them via the Exa API.