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IN RE BIANE

BAP No. CC-80-1043-HVG.

20 B.R. 659 (1982)

In re Philo Pierre BIANE, d/b/a Cucamonga Vineyard Company, Philo Biane, Jr., and Carolyn Biane, Debtor. Philo Pierre BIANE and Carolyn Biane, Debtors-in-Possession, Appellant, v. UNITED CALIFORNIA BANK, a California Banking Association, Appellee.

United States Bankruptcy Appellate Panels of the Ninth Circuit.

Decided March 5, 1982.

Attorney(s) appearing for the Case

Kenneth N. Klee, Stutman, Treister & Glatt, Professional Corp., Los Angeles, Cal., for appellant.

Thomas A. Pashalides, Los Angeles, Cal., for appellee.

Before HUGHES, VOLINN and GEORGE, Bankruptcy Judges.

GEORGE, Bankruptcy Judge.

On August 21, 1980, the above-named debtors-in-possession instituted an adversary proceeding to avoid an alleged security interest which was held by United California Bank in certain community property pertaining to the debtors' winery business. They contend that the security agreement and financing statement are invalid as to Mrs. Biane's creditors because these instruments were executed solely by Mr. Biane, without naming his wife. The...

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