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STEWART v. UNDERWOOD

No. 1 CA-CIV 7070.

146 Ariz. 145 (1985)

704 P.2d 275

Beatrice A. STEWART, Plaintiff-Appellant, v. Tom UNDERWOOD and Brenda Underwood, husband and wife, Defendants-Appellees.

Court of Appeals of Arizona, Division 1, Department D.

June 13, 1985.

Attorney(s) appearing for the Case

Pavilack, Spack & Mulchay, P.C. by Russell J. Zarkou, Terry L. Rakow and Jonathan H. Randall, Scottsdale, for plaintiff-appellant.

Johnston & Grynkewich, by Gary S. Grynkewich, Tucson, for defendants-appellees.

OPINION

HAIRE, Judge.

This is an appeal from summary judgment against the creditor, Beatrice Stewart, in a foreclosure action. The primary issue urged by appellant Beatrice Stewart is that her right to proceed in rem to foreclose a deed of trust on property owned by the Underwoods was not affected by the Underwoods' joint discharge in bankruptcy.1 We agree with appellant and reverse the summary judgment.

Tom Underwood...

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