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IN RE BIALAC

No. 82-5907.

712 F.2d 426 (1983)

In re Samuel G. BIALAC, Debtor. HARSH INVESTMENT CORP. and Harsh Building Co., Plaintiffs-Appellees, v. Samuel G. BIALAC, Defendant-Appellant. In re James T. BIALAC, Debtor. HARSH INVESTMENT CORP., Plaintiff-Appellee, v. James T. BIALAC, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided August 4, 1983.

Attorney(s) appearing for the Case

Newman R. Porter, Amy R. Coy, Evans, Kitchel & Jenckes, P.C., Phoenix, Ariz., for plaintiffs-appellees.

John P. Frank, Randolph J. Haines, Gerald K. Smith, Susan M. Freeman, Lewis & Roca, Phoenix, Ariz., for defendant-appellant.

Before ANDERSON, SKOPIL, and NORRIS, Circuit Judges.

SKOPIL, Circuit Judge:

OVERVIEW

The Bialac family sold Arizona real estate to Harsh Building Co. ("HBC"), a subsidiary of appellee, Harsh Investment Co. ("HIC") in return for a "surplus cash" note ("note") payable by HBC. From a default in a related transaction, HIC obtained a state court judgment against five members of the Bialac family, jointly and severally. The judgment also gave HIC a security interest in the note. Debtor-appellant James Bialac ("James...

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