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IN RE KRISTAL

No. 84-2116.

758 F.2d 454 (1985)

In re H.J. KRISTAL, dba Olivet Egg Ranch, Debtor. The CARNATION COMPANY, Appellant, v. William LAMPI, Trustee, and Bancroft, Avery & McAlister, Appellees.

United States Court of Appeals, Ninth Circuit.

Decided April 19, 1985.

As Amended on Denial of Rehearings May 24, 1985.

Attorney(s) appearing for the Case

Richard A. Lapping, Thelen, Marrin, Johnson & Bridges, San Francisco, Cal., for appellant.

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

Before ANDERSON and PREGERSON, Circuit Judges, and HATTER, District Judge.

J. BLAINE ANDERSON, Circuit Judge:

The Carnation Company appeals a decision of the Bankruptcy Appellate Panel (BAP) holding that Carnation violated California Civil Procedure Code § 726 (West 1980), and therefore its security interest in a promissory note was void. We affirm.

I. BACKGROUND

Since the facts are thoroughly detailed in the opinion below, In re Kristal, 37 B.R. 659, 660-61 (Bankr. 9th Cir.1984...

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