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IN RE AVAIR, INC.

Bankruptcy No. 88-00036, Adv. No. 88-0124.

98 B.R. 261 (1988)

In re AVAIR, INC., Debtor. AVAIR, INC., Plaintiff, v. FAIRCHILD AIRCRAFT CORPORATION and Nashville Eagle, Inc., Defendants.

United States Bankruptcy Court, W.D. Virginia, Lynchburg Division.

December 22, 1988.

Attorney(s) appearing for the Case

Richard E. Spies, Lynchburg, Va., for plaintiff/debtor.

M. Caldwell Butler, Roanoke, Va., for Fairchild Aircraft Corp.

William H. Schwarzschild, and James J. Burns, Richmond, Va., for Nashville Eagle, Inc.

MEMORANDUM OPINION

WILLIAM E. ANDERSON, Bankruptcy Judge.

This case is before the court on the debtor's motion for summary judgment declaring Fairchild Aircraft Corporation's ("FAC") lien on certain airline property to be unperfected for FAC's failure to file appropriate documents with the Federal Aviation Administration, and therefore to be voidable pursuant to section 544 of the Bankruptcy Code (11 U.S.C. § 544). FAC responds that while a Federal...

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