IN RE SUKHU

Bankruptcy No. 3-89-01028-KTC.

107 B.R. 729 (1989)

In re Kumari A.D. SUKHU, Debtor.

United States Bankruptcy Court, N.D. California.

November 29, 1989.


Attorney(s) appearing for the Case

Stephen N. Hollman, David J. Sasseen, Skjerven, Morrill, MacPherson, Franklin & Friel, San Jose, Cal., for Creditor Janice E. Thurber, Individually and as Executor for the Estate of Robert Thurber.

Mike Smith, San Francisco, Cal., for debtor Kumari A.D. Sukhu.


OPINION

THOMAS E. CARLSON, Bankruptcy Judge.

This case concerns the degree to which sections 882.020-882.040 of the California Civil Code overrule prior judicial decisions holding that a power of sale under a deed of trust is never barred by the statute of limitations. I conclude that under the statute enforcement of a deed of trust is not barred when an action on the underlying obligation is barred, but only when the special non-tolling statute of limitations...

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