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IN RE HILLSIDE ASSOCIATES LTD. PARTNERSHIP

BAP No. NC-89-2116 ORAs, Bankruptcy No. 1-86-01847, Adv. No. 1-89-0123.

121 B.R. 23 (1990)

In re HILLSIDE ASSOCIATES LTD. PARTNERSHIP, Debtor. UNITED STATES of America, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, Appellant, v. HILLSIDE ASSOCIATES, a limited partnership dba Emerald Hills Convalescent Hospital, Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided November 28, 1990.

Attorney(s) appearing for the Case

Patrick J. Simonelli, San Francisco, Cal., for appellant.

Ellen A. Carroll, San Francisco, Cal., for appellee.

Before OLLASON, RUSSELL and ASHLAND, Bankruptcy Judges.

ORDER

PER CURIAM.

The Department of Housing and Urban Development ("HUD") appeals from an order of the bankruptcy court which held that HUD did not have a perfected security interest in the revenue from debtor's nursing home. We affirm.

On May 1, 1982, Hillside Associates, the debtor (hereinafter "Hillside" or "debtor") borrowed $1,621,700.00 from Transamerica Mortgage Company ("Transamerica") and executed a note, deed of trust and security agreement...

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