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IN RE KRISTAL

BAP No. NC-82-1413-AsEV, Bankruptcy No. 4-80-01852-WL, Adv. Nos. 4-80-0282-AW, 4-80-0388-AW and 4-80-0269-AW.

37 B.R. 659 (1984)

In re H.J. KRISTAL, dba Olivet Egg Ranch, Debtor. CARNATION COMPANY, Plaintiff, v. H.J. KRISTAL, et al., Defendants. BANCROFT, AVERY & McALISTER, Plaintiff, v. The CARNATION COMPANY, H.J. Kristal, etc., Defendants. William LAMPI, Trustee, Plaintiff, v. The CARNATION COMPANY, Defendant. The CARNATION COMPANY, Plaintiff, v. William LAMPI, Trustee, and Bancroft, Avery & McAlister, Defendants.

United States Bankruptcy Appellate Panels of the Ninth Circuit.

Decided March 23, 1984.

Attorney(s) appearing for the Case

Arne D. Wagner, Beckford, Spanner & Kelley, Palo Alto, Cal., for Carnation Co.

Eric L. Henrikson, Henrikson & Gee, Oakland, Cal., for trustee.

Before ASHLAND, ELLIOTT and VOLINN, Bankruptcy Judges.

OPINION

ASHLAND, Bankruptcy Judge:

INTRODUCTION

The Carnation Company (Carnation) appeals from a decision of the bankruptcy court declaring Carnation's contractual security interest in a note secured by real and personal property assets (mixed collateral) void as violative of California Code of Civil Procedure (C.C.P.) § 726.

We affirm.

ISSUES

1. The correctness of the application...

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