Legal Opinion
Palo Verde Management & Financial Services Co. v. Nash (In re Nash)
United States Bankruptcy Court, D. Arizona
Decided May 14, 1985No. Bankruptcy Nos. B-83-2590-PHX-GBN, B-83-2591-PHX-GBNPublishedCited by 1 opinion
1Opinion of the Court
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 burden of proof, a finding for the senior creditor has previously been issued. The purpose of this memorandum is to express the findings and conclusions supporting the…
2Cases cited12 opinions
- Chemical Bank v. HaskellNew York Court of Appeals · 1980
- State v. HaasArizona Supreme Court · 1983
- Phoenix Safety Investment Co. v. JamesArizona Supreme Court · 1925
- Mecham v. United Bank of ArizonaArizona Supreme Court · 1971
- Stewart v. ThorntonArizona Supreme Court · 1977
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3Cited by1 opinion
- In Re NASHUnited States Bankruptcy Court, D. Arizona · 1985