Epic Associates 84-III, William C. Griffith, Jr. - Page 84




                                       - 167 -                                        
                  Petitioners presented no evidence to substantiate the               
             fair market value of any of the subject properties as of                 
             February 1, 1985.  Petitioners argue that the 16 promissory              
             notes are, in fact, "unsecured debt" and are bona fide                   
             indebtedness without regard to the value of the property.                
             Initially, petitioners argued that "the promissory notes                 
             were not recorded until after the bankruptcy filing", and                
             thus the notes had "no substance in the eyes of the                      
             bankruptcy court."  On the basis of that premise,                        
             petitioners argued:  "respondent should not be allowed to                
             rely upon defective documents to assert that those notes                 
             represented secured debt".  Petitioners further argued                   
             that the notes should be treated as unsecured debt                       
             "indistinguishable from the unsecured advances which they                
             replaced."                                                               
                  In their reply brief, petitioners withdrew the factual              
             assertion that the 16 promissory notes replaced unsecured                
             advances made by EPIC.  They continue to take the position               
             that the validity of the notes should be determined without              
             regard to the value of the 16 properties in 1985 for either              
             of two reasons.  First, petitioners argue that the notes                 
             were related to "an $80,000 line of credit from Community"               
             that is described in respondent's brief as "a nonrecourse                
             line of credit with Community [CSL] totalling $80,000                    






Page:  Previous  153  154  155  156  157  158  159  160  161  162  163  164  165  166  167  168  169  170  171  172  Next

Last modified: May 25, 2011