Legal Opinion
California Thrift & Loan Ass'n v. Downey Savings & Loan Ass'n (In re Eagles)
United States Bankruptcy Court, C.D. California
Decided December 10, 1982No. Bankruptcy No. LA-80-07472(CA); Adv. No. LA-81-2837(CA)PublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM OF DECISION
(Application For Declaratory Judgment & Other Relief)
CALVIN K. ASHLAND, Bankruptcy Judge.
The issue in this adversary proceeding is whether the stay of Bankruptcy Code § 362 stops the running of the three-month reinstatement period both as to the debtor and a junior trust deed holder.
The statutory right of reinstatement by a junior trust deed is found in California Civil Code § 2924c(a):(a) Whenever all or a part of the principal sum of any obligation secured by deed of trust or mortgage on real property hereafter executed has, prior to the maturity date fixed in such…
2Cases cited5 opinions
- Moratzka v. Lanesboro State Bank (In Re Johnson)United States Bankruptcy Court, D. Minnesota · 1981
- Hunt v. SmythCalifornia Court of Appeal · 1972
- In The Matter Of Thomas J. Grosso Investment, Inc.Court of Appeals for the Ninth Circuit · 1972
- In Re H & W Enterprises, Inc.United States Bankruptcy Court, N.D. Iowa · 1982
- Triangle Management Services v. Allstate Savings & Loan Ass'nDistrict Court, N.D. California · 1982
3Cited by3 opinions
- Matter of St. AmantUnited States Bankruptcy Court, D. Connecticut · 1984
- In Re Capital Mortgage & Loan, Inc.United States Bankruptcy Court, E.D. California · 1983
- In Re EaglesUnited States Bankruptcy Court, C.D. California · 1982