Legal Opinion

Bialac v. Bialac

Court of Appeals for the Ninth Circuit

Decided August 4, 1983No. 82-5907PublishedCited by 2 opinions

1Opinion of the Court

SKOPIL, Circuit Judge:

OVERVIEW

The Bialac family sold Arizona real estate to Harsh Building Co. (“HBC”), a subsidiary of appellee, Harsh Investment Co. (“HIC”) in return for a “surplus cash” note (“note”) payable by HBC. From a default in a related transaction, HIC obtained a state court judgment against five members of ■ the Bialac family, jointly and severally. The judgment also gave HIC a security 7 interest in the note. Debtor-appellant James Bialac (“James”) is liable on HIC’s judgment and owns a one-sixth interest in the note.

HIC gave notice that it intended to foreclose on the note.…

2Cases cited16 opinions

  1. Segal v. RochelleSupreme Court of the United States · 1966
  2. Universal Minerals, Inc. v. C. A. Hughes & Co.Court of Appeals for the Third Circuit · 1981
  3. City National Bank v. San Clemente Estates (In Re San Clemente Estates)United States Bankruptcy Court, S.D. California · 1980
  4. In Re Visiting Home Services, Inc.Court of Appeals for the Ninth Circuit · 1981
  5. Murray v. O'BrienWashington Supreme Court · 1909

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3Cited by2 opinions

  1. In Re Samuel G. Bialac, Debtor. Harsh Investment Corp. And Harsh Building Co. v. Samuel G. Bialac, in Re James T. Bialac, Debtor. Harsh Investment Corp. v. James T. BialacCourt of Appeals for the Ninth Circuit · 1983
  2. Monumental Life Insurance Co. v. Bibo, Inc. (In Re Bibo, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1996

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