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MATTER OF ROACH

No. 80-3435.

660 F.2d 1316 (1981)

In the Matter of Hillard T. ROACH, a/k/a H.T. Roach, Debtor. The FIRST NATIONAL BANK OF ANCHORAGE AND ALASKA TITLE GUARANTY COMPANY, Plaintiffs-Appellees, v. Hillard T. ROACH, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided September 30, 1981.

As Amended October 29, 1981.

Attorney(s) appearing for the Case

A. Lee Petersen, Anchorage, Alaska, for defendant-appellant.

John R. Beard, Anchorage, Alaska, for plaintiffs-appellees.

Before SKOPIL, FLETCHER and FARRIS, Circuit Judges.

FARRIS, Circuit Judge:

Roach borrowed money to finance a residential subdivision development. Within a few months, he stopped making payments when due. The Bank elected to foreclose non-judicially.

Public sale of the property was scheduled for February 4, 1980. On that day, Roach filed a Chapter 11 insolvency petition. The Bank published a notice of postponement of sale, and filed a complaint for relief from the automatic stay.

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