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IN RE EAGLES

Bankruptcy No. LA-80-07472(CA), Adv. No. LA-81-2837(CA).

26 B.R. 41 (1982)

In re Harrison Williams Handy EAGLES, Debtor. CALIFORNIA THRIFT AND LOAN ASSOCIATION, Plaintiff, v. DOWNEY SAVINGS AND LOAN ASSOCIATION, et al., Defendants.

United States Bankruptcy Court, C.D. California.

December 10, 1982.

Attorney(s) appearing for the Case

James J. Joseph, Danning, Gill, Gould, Joseph & Diamond, Los Angeles, Cal., Michaelson & Susi, Donnelly & Schlottman, Santa Barbara, Cal., for plaintiff.

Robinson, Wolas & Diamant, Los Angeles, Cal., Kingston & Martinez, Santa Barbara, Cal., Thomas C. Starrett, Costa Mesa, Cal., for defendants.

MEMORANDUM OF DECISION

(Application For Declaratory Judgment & Other Relief)

CALVIN K. ASHLAND, Bankruptcy Judge.

The issue in this adversary proceeding is whether the stay of Bankruptcy Code § 362 stops the running of the three-month reinstatement period both as to the debtor and a junior trust deed holder.

The statutory right of reinstatement by a junior trust deed is found in California Civil Code § 2924c(a):

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