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IN RE BIALAC

No. 82-5135.

694 F.2d 625 (1982)

In re Samuel G. BIALAC, Debtor. Samuel G. BIALAC, Plaintiff-Appellant, v. HARSH INVESTMENT CORPORATION and Harsh Building Co., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided December 13, 1982.

Attorney(s) appearing for the Case

Susan M. Freeman, Lewis & Roca, Phoenix, Ariz., for plaintiff-appellant.

Newman R. Porter, Evans, Kitchel & Jenckes, Phoenix, Ariz., for defendants-appellees.

Before DUNIWAY and BOOCHEVER, Circuit Judges, and KEEP, District Judge.

BOOCHEVER, Circuit Judge:

This appeal arises from a dispute over a creditor's right to foreclose on a note that secures a judgment it holds against a bankrupt debtor. After the debtor, Samuel G. Bialac, filed a petition for reorganization under Chapter 11 of the Bankruptcy Code, an automatic stay was placed on disposition of his property. The creditor, Harsh Investment Corporation, and its subsidiary, Harsh Building Co., sought relief from the stay so that they could...

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