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IN RE GREEN PASTURES CHRISTIAN MINISTRIES

Bankruptcy No. 07-80905. Adversary No. 09-6214.

437 B.R. 465 (2010)

In re GREEN PASTURES CHRISTIAN MINISTRIES, INC., Debtor. Green Pastures Christian Ministries, Inc., Plaintiff, v. United States of America, by and through the Internal Revenue Service, Defendant.

United States Bankruptcy Court, N.D. Georgia, Atlanta Division.

August 25, 2010.

Attorney(s) appearing for the Case

Dorna Jenkins Taylor , Taylor & Associates, LLC, Richard C. Litwin , The Litwin Law Firm, P.C., Atlanta, GA, for Plaintiff.

Thomas F. Koelbl , U.S. Department of Justice, Washington, DC, for Defendant.

ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

JAMES E. MASSEY, Bankruptcy Judge.

Section 545(2) of the Bankruptcy Code permits a bankruptcy trustee, including a debtor in possession in a Chapter 11 case, to avoid the fixing of an unperfected or unenforceable federal tax lien. Under section 6323(f)(4) of the Internal Revenue Code, an otherwise properly recorded notice of a federal tax lien against real property in an "adequate system for the...

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