In re Alpha Protective Services (12-70482)

On Summary Judgement the Court was asked to decide a narrow issue regarding federal tax liens. Specifically, the issue before the Court was whether accounts receivable acquired by the debtor more than 45 days after the filing of a notice of tax lien on the debtor's property may be considered proceeds of contract rights acquired by the debtor prior to the expiration of that 45 day period, so as to give the security interest of a commercial creditor in the receivables priority over the tax lien. The Court held that payments received by the Debtor under its contract after the filing of the tax liens were identifiable proceeds of contract rights, rather than accounts receivable. Therefore, pursuant to 26 U.S.C. ยงยง 6323(a) and (c) the Bank's prior perfected security interest in the contract payments is senior to the IRS's tax lien.

Friday, October 11, 2013