Legal Opinion

In the Matter of Paul D. Folendore and Helen H. Folendore, Debtors. Paul D. Folendore and Helen H. Folendore v. U.S. Small Business Administration

Court of Appeals for the Eleventh Circuit

Decided January 12, 1989No. 88-8286PublishedCited by 69 opinions

1Opinion of the Court

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 facts were stipulated to by the parties:

1. The Small Business Administration has perfected security interests in certain real and personal property.

2. The Federal Land Bank and Central Georgia Production Credit Association are…

2Cases cited12 opinions

  1. Immigration & Naturalization Service v. Cardoza-FonsecaSupreme Court of the United States · 1987
  2. In the Matter of Gerald Lewis Tarnow, Debtor. Appeal of Commodity Credit CorporationCourt of Appeals for the Seventh Circuit · 1984
  3. Don L. PARR, Plaintiff-Appellant, v. WOODMEN OF THE WORLD LIFE INSURANCE COMPANY, Defendant-AppelleeCourt of Appeals for the Eleventh Circuit · 1986
  4. Tanner v. FinanceAmerica Consumer Discount Co. (In Re Tanner)United States Bankruptcy Court, W.D. Pennsylvania · 1981
  5. In Re MahanerUnited States Bankruptcy Court, W.D. New York · 1983

7 more not listed; retrieve them via the Exa API.

3Cited by69 opinions

  1. In Re Lamar Dewsnup and Aletha Dewsnup, Debtors. Lamar Dewsnup, Aletha Dewsnup v. Louis L. TimmCourt of Appeals for the Tenth Circuit · 1990
  2. IN Re: Carmen Bateman, Debtor, --- Universal American Mortgage Company v. Carmen BatemanCourt of Appeals for the Eleventh Circuit · 2003
  3. First of America Bank v. Gaylor (In Re Gaylor)United States Bankruptcy Court, E.D. Michigan · 1991
  4. Evans v. Dunston (In Re Dunston)United States Bankruptcy Court, D. Colorado · 1990
  5. Gaglia v. First Federal Savings & Loan Ass'nCourt of Appeals for the Third Circuit · 1989

64 more not listed; retrieve them via the Exa API.

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