In Re: Spearing Tool and Manufacturing Co., Inc., Debtor. United States of America v. Crestmark Bank Crestmark Financial Corporation

OPINION

COOK, Circuit Judge.

In this case arising out of bankruptcy proceedings, the government appeals the district court’s reversal of the bankruptcy court’s grant of summary judgment for the government. For the following reasons, we reverse the district court, and affirm the bankruptcy court.

I. Background and Procedural History

In April 1998, Spearing Tool and Manufacturing Co. and appellee Crestmark 1 entered into a lending agreement, which granted Crestmark a security interest in all of Spearing’s assets. The bank perfected its security interest by filing a financing statement under the…