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GOODMAN v. SERINE

No. 55A01-1304-PL-176.

6 N.E.3d 481 (2014)

Victor W. GOODMAN and Jacquelyn C. Burke, Appellants-Plaintiffs, v. Steven L. SERINE, Suzanne M. Serine, United States of America Department of the Treasury Internal Revenue Service, Robert J. DeGrazia, Mary Ann DeGrazia, and all their Husbands, Wives, Widowers, Widows, Heirs, Devisees, Successors, Assignees, and all other Persons claiming any right, title, or interest in the within described real property by, through, or under them or any other person or entity, including John Doe and Jane Doe, the names of whom are unknown to Plaintiff, Appellees-Defendants.

Court of Appeals of Indiana.

March 31, 2014.

Attorney(s) appearing for the Case

Bradley J. Buchheit , Tucker Hester Baker & Krebs, LLC, Indianapolis, IN, Attorney for Appellants.

Curtis C. Pett , Department of Justice, Tax Division, Washington, D.C., Attorney for U.S. Dept. of Treasury, IRS.

OPINION

MAY, Judge.

Victor Goodman and Jacquelyn Burke (collectively, "Goodman") appeal a summary judgment in favor of the Internal Revenue Service (IRS). The court granted summary judgment after finding tax liens remained on property Goodman bought even though a bankruptcy court had ordered the property could be sold free and clear of all liens. As the trial court was not the proper forum for the resolution of that matter, we vacate its judgment and direct...

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