Lockard v. Lockard

884 F.2d 1171 19 Bankr.Ct.Dec. 1244 , Bankr. L. Rep. P 73,165 In the Matter of John E. LOCKARD d/b/a J.W.L. Construction, Debtor. O'MALLEY LUMBER COMPANY, d/b/a O'Malley Building Materials, Appellant, v. John W. LOCKARD, d/b/a J.W.L. Construction, Appellee. No. 88-2529. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 15, 1989. Decided Sept. 5, 1989. Charles W. Lowe, Davis & Lowe, P.C., Phoenix, Ariz., for appellant. John A. Weil, Engler, Engler, Weil & Nelson, Yuma, Ariz., for appellee. Appeal from the United States District Court for the District of Arizona. Before HUG, HALL and O'SCANNLAIN, Circuit Judges. CYNTHIA HOLCOMB HALL, Circuit Judge: 1 This appeal involves issues of the jurisdiction of the bankruptcy court to decide a claim against a contractor's license bond executed by a non-debtor third-party surety, Allied Fidelity Insurance Company ("Allied"), and collateralized with commercial real property of the debtor, John E. Lockard, d/b/a J.W.L. Construction ("Lockard"), where a creditor has commenced a state court action to proceed against the bond prior to the debtor's filing of bankruptcy. The creditor in this case, O'Malley Lumber…