Legal Opinion

Stewart v. Underwood

Court of Appeals of Arizona

Decided June 13, 1985No. 1 CA-CIV 7070PublishedCited by 20 opinions

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

  1. 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
  2. Polk County Federal Savings & Loan Ass'n of Des Moines v. Weathers (In Re Weathers)United States Bankruptcy Court, D. Kansas · 1981
  3. Waterfield Mortgage Co. v. Cassi (In Re Cassi)United States Bankruptcy Court, N.D. Indiana · 1982
  4. Transamerica Insurance v. TroutCourt of Appeals of Arizona · 1985
  5. 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

  1. In the Matter of Walter N. HUNTER, Debtor-Appellee. Appeal of SHIPSHEWANA STATE BANKCourt of Appeals for the Seventh Circuit · 1992
  2. In Re TouloumisUnited States Bankruptcy Court, S.D. New York · 1994
  3. Hageman/Fritz, Byrne, Head & Harrison, L.L.P. v. Luth, Texas Court of Appeals, 3rd District (Austin)2004
  4. Chase Bank of Arizona v. AcostaCourt of Appeals of Arizona · 1994
  5. In Re AkramUnited States Bankruptcy Court, C.D. California · 2001

15 more not listed; retrieve them via the Exa API.

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