Stewart v. Underwood
Court of Appeals of Arizona
1Opinion of the Court
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 executed a promissory note payable to Stewart in the sum of $20,000 plus interest. The note was secured by a deed of trust covering a residence owned by Tom Underwood in joint…
2Cases cited15 opinions
- Riggs National Bank of Washington, D.C. v. John Gillis Perry, Jr., in Re John Gillis Perry, Jr., DebtorCourt of Appeals for the Fourth Circuit · 1984
- Polk County Federal Savings & Loan Ass'n of Des Moines v. Weathers (In Re Weathers)United States Bankruptcy Court, D. Kansas · 1981
- Waterfield Mortgage Co. v. Cassi (In Re Cassi)United States Bankruptcy Court, N.D. Indiana · 1982
- Transamerica Insurance v. TroutCourt of Appeals of Arizona · 1985
- Benford-Whiting Co. v. Robertson (In Re Robertson)United States Bankruptcy Court, D. Colorado · 1980
10 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- In the Matter of Walter N. HUNTER, Debtor-Appellee. Appeal of SHIPSHEWANA STATE BANKCourt of Appeals for the Seventh Circuit · 1992
- In Re TouloumisUnited States Bankruptcy Court, S.D. New York · 1994
- Hageman/Fritz, Byrne, Head & Harrison, L.L.P. v. Luth, Texas Court of Appeals, 3rd District (Austin)2004
- Chase Bank of Arizona v. AcostaCourt of Appeals of Arizona · 1994
- In Re AkramUnited States Bankruptcy Court, C.D. California · 2001
15 more not listed; retrieve them via the Exa API.