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IN RE NASH

Bankruptcy Nos. B-83-2590-PHX-GBN, B-83-2591-PHX-GBN.

49 B.R. 254 (1985)

In re Albert W. NASH and Joyce H. Nash; and Albert W. Nash, a Trustee for the A.W. Nash Family Trust, Debtors. PALO VERDE MANAGEMENT AND FINANCIAL SERVICES CO., an Arizona corporation, Movant, v. Albert W. NASH, aka A.W. Nash; Joyce H. Nash; Albert W. Nash, as Trustee for the A.W. Nash Family Trust; Robert Busch, Trustee in Bankruptcy, Respondents, and Mary L. Ward, secured creditor, Intervenor. In re WARE PROPERTIES, INC., Debtor. PALO VERDE MANAGEMENT AND FINANCIAL SERVICES CO., an Arizona corporation, Movant, v. WARE PROPERTIES, INC. and Robert Busch, Trustee in Bankruptcy, Respondents, and Mary L. Ward, secured creditor, Intervenor.

United States Bankruptcy Court, D. Arizona.

May 14, 1985.

Attorney(s) appearing for the Case

Norman D. James, Ryley, Carlock & Applewhite, Phoenix, Ariz., for intervenor.

Robert S. Porter, Ellis, Baker, Lynch, Clarke & Porter, P.C., Phoenix, Ariz., for movant.

Albert W. and Joyce H. Nash, Phoenix, Ariz., Jon N. Vogel, Scottsdale, Ariz., for trustee.

GEORGE B. NIELSEN, Jr., Bankruptcy Judge.

This litigation concerns a challenge by a junior creditor to a request by a senior lien claimant to foreclose its security. Since the affirmative defenses contest the validity of the senior lien, the junior creditor has been allowed to intervene to press its case in this Court. In re Davenport, 34 B.R. 463, 466 (Bankr.M.D.Fla.1983). However, because intervenor has failed to carry her...

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