United States v. National Furniture Company, Inc.

MEHAFFY, Circuit Judge.

This case presents the questions of (1) the entitlement of the United States to a priority claim on behalf of the Small Business Administration (hereafter called “SBA”) for a loan it made to the debtor, National Furniture Company, Inc. (hereafter called “National”) which seeks an “arrangement” of its unsecured debts under Chapter XI of the Bankruptcy Act, 11 U.S.C.A. §§ 701-799; and (2) the entitlement of the United States to participate in a Chapter XI proceeding as an unsecured creditor to the extent that the debt owing it exceeds the value of its security.

The referee…