IN RE ALCOCK

No. 93-15963.

50 F.3d 1456 (1995)

In re: Charles ALCOCK; Betty Alcock, Debtors. Charles ALCOCK; Betty Alcock, Appellants, v. SMALL BUSINESS ADMINISTRATION, Appellee.

United States Court of Appeals, Ninth Circuit.

Decided March 22, 1995.


Attorney(s) appearing for the Case

Robert Mehlhaff, Souza, Coats, McInnis & Mehlhaff, Tracy, CA, for appellants.

Jeffrey W. Eisinger, Asst. U.S. Atty., Fresno, CA, for appellee.

Before: LAY, PREGERSON, and O'SCANNLAIN, Circuit Judges.


LAY, Senior Circuit Judge:

Charles and Betty Alcock appeal an order of the Bankruptcy Appellate Panel ("BAP") in a Chapter 11 proceeding allowing the Small Business Administration's ("SBA") claim for the deficiency on a loan upon which Charles Alcock signed as a guarantor. The bankruptcy judge rejected Alcock's arguments that he should be discharged from his guaranty obligation because the SBA and its participating lender, Crocker Bank ("Crocker"), unjustifiably impaired...

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