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IN RE MATOS

No. 85-7510 Non-Argument Calendar.

790 F.2d 864 (1986)

In re Eliseo J. MATOS and Margarette W. Matos, Debtors. GWINNETT BANK & TRUST COMPANY, Plaintiff-Appellee, v. Eliseo J. MATOS and Margarette W. Matos, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

June 3, 1986.

Attorney(s) appearing for the Case

William Kent Upshaw, Holt & Cooper, Birmingham, Ala., for defendants-appellants.

Dannie Ray Davis, Leeds, Ala., for plaintiff-appellee.

Before TJOFLAT, VANCE and KRAVITCH, Circuit Judges.

TJOFLAT, Circuit Judge:

Eliseo J. Matos and Margarette W. Matos (debtors) guaranteed a note to Gwinnett Bank & Trust Company (Gwinnett Bank) and gave a mortgage on certain real property to secure the debt. On April 20, 1984, the debtors filed a petition pursuant to chapter 11 of the bankruptcy statute and were continued in possession of their estate. The note and mortgage held by Gwinnett Bank were in default and Gwinnett Bank moved the bankruptcy court to set...

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