BILAR, INC. v. SHERMAN

No. 76-786.

572 P.2d 489 (1977)

BILAR, INC., Plaintiff-Appellant, v. Gary SHERMAN, Individually, Joseph Zimmerman, Individually, and G. J. S. Enterprises, Inc., Defendants-Appellees.

Colorado Court of Appeals, Div. I.

Rehearings Denied October 6, 1977.


Attorney(s) appearing for the Case

Head, Moye, Carver & Ray, John E. Moye, David B. Savitz, Denver, for plaintiff-appellant.

Wallis S. Stromberg, Denver, for defendant-appellee Gary Sherman.

Deisch & Marion, P.C., Michael B. Marion, Denver, for defendant-appellee Joseph Zimmerman.


COYTE, Judge.

The determinative question presented by this appeal is whether a secured creditor who proceeds against collateral in the possession of the debtor by levy and execution, but who fails to consummate those proceedings, is deemed to have satisfied his judgment regardless of the actual value of the property seized. Concluding that he is not, we reverse the judgment of the trial court and remand the cause.

In March 1973, the corporate defendant, G...

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