IN RE UNITED MEDICAL RESEARCH, INC.

Bankruptcy No. BK 79-02279, Adv. No. Q.

12 B.R. 941 (1981)

In re UNITED MEDICAL RESEARCH, INC., Bankrupt. Jon R. STUHLEY, Trustee, Plaintiff, v. UNITED STATES SMALL BUSINESS ADMINISTRATION, etc., et al., Defendants.

United States Bankruptcy Court, C.D. California.

August 6, 1981.


Attorney(s) appearing for the Case

Alberts & Minier, Santa Ana, Cal., for Jon R. Stuhley, plaintiff.

Hugh W. Blanchard, Asst. U.S. Atty., Los Angeles, Cal., for U.S. Small Business Administration, defendant.

Richard J. Sunday, Fullerton, Cal., for defendants Peter Bonin, Sr., Jean F. Bonin, Pete J. Bonin, Jr., Nancy Bonin, Marion Evans, Sr., and Marion E. Evans.


MEMORANDUM OF DECISION

PETER M. ELLIOTT, Bankruptcy Judge.

This proceeding was tried and submitted for decision on July 15, 1981.

The issue presented is whether the trustee of the bankrupt corporation is entitled to an order marshaling the assets of the personal guarantors of the United Medical Research ("UMR") indebtedness to the Small Business Administration ("SBA") and requiring the SBA to first foreclose upon the properties pledged by the guarantors...

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