United States Eleventh Circuit

In the government's appeal from the district court's allocation of surplus proceeds from the sale of real property in a foreclosure action, the order is affirmed where: 1) the district court correctly concluded that Florida law supplied the pertinent alter ego test; 2) even if the government was correct that the district court should have transferred the surplus proceeds to the trustee to distribute according to the Bankruptcy Code or that the district court itself should have applied the Bankruptcy Code's priorities, a creditor would be entitled to the disputed proceeds actually awarded to it by the district court; and 3) even assuming that the trustee of the estate at issue had a hypothetical lien that took priority over the two secured creditors' liens, the secured creditors' liens could not be avoided by the trustee.

Appellate Information

• Decided 05/04/2010
• Published 05/04/2010

Judges

• PER CURIAM:, Before EDMONDSON, BARKETT and BALDOCK, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Peter A. Sklarew, Bethany B. Hauser, Thomas J. Clark, Dept of Justice, Tax Div., Washington, DC, for U.S.


• For Appellees:
  
• Hoaward M. Camerik, Gray Robinson, P.A., Ft. Lauderdale, FL, for Appellees.