IN RE CHURCH & INST. FACILITIES DEVELOPMENT CORP.

Bankruptcy No. 289-20384-11, Adv. No. 290-2016.

122 B.R. 958 (1991)

In re CHURCH AND INSTITUTIONAL FACILITIES DEVELOPMENT CORPORATION, Debtor. Henry C. SEALS, Trustee, Plaintiff, v. The FIRST NATIONAL BANK OF AMARILLO, Defendant.

United States Bankruptcy Court, N.D. Texas, Amarillo Division.

January 24, 1991.


Attorney(s) appearing for the Case

Larry Sherman, Gibson, Ochsner & Adkins, Amarillo, Tex., for FNB.

Barbara E. Hargis, Harris, Finley, Creel & Bogle, Fort Worth, Tex., and Thomas Dixon, Jr., Underwood, Wilson, Berry, Stein & Johnson, Amarillo, Tex., for trustee.

Donald E. Patterson, Culton, Morgan, Britain & White, Amarillo, Tex., for the 5001 Bondholders Committee.

Henry Seals, Trustee-in-Bankruptcy, Fort Worth, Tex., trustee.


MEMORANDUM OPINION ON PRIORITY OF LIENS

JOHN C. AKARD, Bankruptcy Judge.

In order to resolve the lien priority issues raised by this Adversary Proceeding, the court must determine whether a bond indenture trustee exceeded its authority. Finding that the trustee did not exceed its authority, the court holds that the liens held by the Plaintiff and Defendant have equal priority.

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