IN RE RIVERS

No. CV84-4544-RMT, Bankruptcy No. LA 83-17071-CA, Adv. Ref. No. M4-00893-CA.

55 B.R. 699 (1984)

In re Bobby M. RIVERS and Barbara T. Rivers, Debtors. Herbert S. McREYNOLDS, Plaintiff, v. Bobby M. RIVERS and Barbara T. Rivers, Defendants.

United States District Court, C.D. California, Civil Division.

September 26, 1984.


Attorney(s) appearing for the Case

Robert A. Hessling, Cohen, England & Whitfield, Oxnard, Cal., for plaintiff.

Peter J. Celeste, Ventura, Cal., for defendants.


ORDER REVERSING AND REMANDING

TAKASUGI, District Judge.

This matter came before the court for oral argument on September 24, 1984 on the appeal from the Bankruptcy Court order of June 12, 1984. This court has considered the pleadings and other documents filed herein and argument of counsel and has found that Calif.C.C.P. § 726 is inapplicable for two reasons: (1) there was no judicial foreclosure and (2) appellant was not seeking a deficiency judgment...

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