- 39 - that Mr. Spencer's testimony is corroborated by the fact that he and Mr. Boozer pledged additional assets, personally owned by them, as security for the bank loan. Petitioners maintain that the pledge of such additional assets goes beyond a mere guaranty of a corporate debt and shows SCNB's intent to look primarily at them for repayment. The record in the instant case does not persuade us that SCNB primarily looked to the individuals for repayment. It is not surprising that a lender of a loan to a small, closely held, corporation such as SPC-SC would seek the personal guaranty of the corporation's shareholders. Harris v. United States, 902 F.2d 439, 445 (5th Cir. 1990). It is also not unusual that a lender would require such shareholders to pledge collateral as security for the guaranty. Moreover, Mr. Spencer testified that SCNB "obviously was looking at the operating assets of the company that were producing the revenue in order to provide the proceeds or the funds to make the [bank loan] payments," which testimony directly contradicts his contention that the bank looked primarily to him and Mr. Boozer for repayment of the bank loan. Contrary to Mr. Spencer's testimony, the record contains ample evidence that SCNB primarily looked to SPC-SC for repayment of the loan. SCNB made the bank loan directly to SPC-SC, which repaid the bank loan from its current corporate revenues; Mr.Page: Previous 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Next
Last modified: May 25, 2011