MATTER OF FOLENDORE

No. 88-8286.

862 F.2d 1537 (1989)

In the Matter of Paul D. FOLENDORE and Helen H. Folendore, Debtors. Paul D. FOLENDORE and Helen H. Folendore, Plaintiffs-Appellants, v. U.S. SMALL BUSINESS ADMINISTRATION, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

January 12, 1989.


Attorney(s) appearing for the Case

Danny L. Akin, Macon, Ga., for plaintiffs-appellants.

Lillian Harris Lockary, Asst. U.S. Atty., Macon, Ga., for defendant-appellee.

Before HILL and JOHNSON, Circuit Judges, and NICHOLS, Senior Circuit Judge.


JOHNSON, Circuit Judge:

This appeal arises from the district court's affirmance of the bankruptcy court's grant of summary judgment in favor of the Small Business Administration ("SBA") on cross motions to determine the existence of a valid lien under 11 U.S.C.A. § 506. The district court held the SBA's lien valid and intact. 85 B.R. 180. We reverse.

I. FACTS

The following...

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