Susquehanna Bank v. United States of America (In Re Restivo Auto Body, Inc.

Plaintiff's memo of law in support of it's motion for summary judgment against the IRS

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A lender holding $1 Million lien on bankrupt's real property sued for lien priority over approximately $200,000 in IRS liens attaching to the same property. The parties filed cross-motions for summary judgment, based on very different interpretations of Maryland's recording statutes, and the IRS' interpretation of federal regulations and statutes.

After supplemental briefing and oral argument, Judge Gordon granted summary judgment in favor of Susquehanna Bank, declaring it's lien to be superior to that of the IRS. Because the real property was sold, this entitles the lender to receive the entire fund, net of the costs of sale. The parties await Judge Gordon's executed order, and the IRS' decision to appeal.

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Reference Info:Pleadings | Federal, 4th Circuit, Maryland | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Thomas Valkenet, Young & Valkenet | Attorney Advertising

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