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IN RE SUNNYMEAD SHOPPING CENTER CO.

BAP No. CC-94-1112-OVRi. Bankruptcy No. LA-93-16525-GM.

178 B.R. 809 (1995)

In re SUNNYMEAD SHOPPING CENTER COMPANY, a California partnership, Debtor. METROPOLITAN LIFE INSURANCE COMPANY, Appellant, v. SUNNYMEAD SHOPPING CENTER COMPANY; David L. Ray, Chapter 11 Trustee, Appellees.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided March 27, 1995.

Attorney(s) appearing for the Case

Charles D. Schoor, Los Angeles, CA, for Metropolitan.

C. Douglas Wikle, Woodland Hills, CA, for Sunnymead.

Before OLLASON, VOLINN and RIEGLE, Bankruptcy Judges.

(AMENDED)3 OPINION

OLLASON, Bankruptcy Judge:

This is a case of first impression where a secured creditor has objected to court-ordered adequate protection payments for fear that acceptance of the payments might violate California's "one action" rule, California Civil Procedure Code § 726, and the related antideficiency statutes §§ 580a, 580b and 580d, and bar foreclosure of its real...

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