IN RE UNIVERSAL FARMING INDUSTRIES

No. 88-5548.

873 F.2d 1334 (1989)

In re UNIVERSAL FARMING INDUSTRIES, Debtor. George C. SPACEK, Plaintiff-Appellant, v. Jerry THOMEN, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided May 8, 1989.


Attorney(s) appearing for the Case

Leon L. Vickman, Encino, Cal., for plaintiff-appellant.

Ernest Lipschutz, Van Nuys, Cal., for defendant-appellee.

Before WALLACE, POOLE and O'SCANNLAIN, Circuit Judges.


O'SCANNLAIN, Circuit Judge:

George C. Spacek, holder of a trust deed on a piece of real property held by the debtor in a bankruptcy case, brought suit in bankruptcy court against Jerry Thomen, the holder of the first trust deed on the same piece of real property. Spacek claims that Thomen's trust deed should be equitably subordinated or, alternatively, that the first trust deed merged with the title to the property. We reject both contentions.

In February...

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