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MATTER OF MISSIONARY BAPTIST FOUNDATION OF AMERICA, INC.

No. 85-1457.

796 F.2d 752 (1986)

In the Matter of MISSIONARY BAPTIST FOUNDATION OF AMERICA, INC., et al., Debtors. Robert B. WILSON, Trustee in the Bankruptcy Case of Missionary Baptist Foundation of America Inc., Plaintiff-Appellant, v. FIRST NATIONAL BANK, LUBBOCK, TEXAS, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied September 18, 1986.

Attorney(s) appearing for the Case

Robert B. Wilson, Sims, Kidd, Hubbert & Wilson, Richard Hubbert, Lubbock, Tex., for plaintiff-appellant.

Jack McCutchin, Jr., Crenshaw, Dupree & Milam, Joe Nagy, Cecil C. Kuhne, Lubbock, Tex., for defendant-appellee.

Before GOLDBERG, WILLIAMS and DAVIS, Circuit Judges.

GOLDBERG, Circuit Judge:

I. Introduction

This bankruptcy case involves a revolving line-of-credit and accounts receivable financing arrangement entered into by the Missionary Baptist Foundation of America, Inc. ("the Debtor") and the First National Bank at Lubbock, Texas ("the Bank"). The Debtor operated a group of affiliated nursing homes as separate corporations in Texas and other states. The Debtor had a chronic cash-flow problem, because its primary...

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