IN RE EAGLES

BAP No. CC-82-1595-GVAb, Bankruptcy No. LA 80-07472-CA, Adv. No. LA 81-2837-CA.

36 B.R. 97 (1984)

In re Harrison William Handy EAGLES, Debtor. CALIFORNIA THRIFT & LOAN ASSOCIATION, Plaintiff/Appellee, v. DOWNEY SAVINGS & LOAN ASSOCIATION, and Downey Savings & Loan Service Company, Defendants/Appellants.

United States Bankruptcy Appellate Panels of the Ninth Circuit.

Decided February 10, 1984.


Attorney(s) appearing for the Case

Thomas C. Starrett, Costa Mesa, Cal., for defendants/appellants.

William C. Beall, Michaelson & Susi, Santa Barbara, Cal., for plaintiff/appellee.

Before GEORGE, VOLINN and ABRAHAMS, Bankruptcy Judges.


OPINION

GEORGE, Bankruptcy Judge.

An appeal has been taken in this matter from a declaratory judgment permitting the plaintiff-appellee, CALIFORNIA THRIFT AND LOAN ASSOCIATION ("Cal Thrift"), to reinstate a note secured by a deed of trust on real property belonging to this debtor's estate. This note and trust deed were held by the defendant-appellant, DOWNEY SAVINGS AND LOAN ASSOCIATION ("Downey Savings"). The lower court's judgment was based upon a legal...

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