Legal Opinion

Bankr. L. Rep. P 67,332 in Re Hamman-Mcfarland Lumber Company, an Arizona Corporation, Debtor. Wallace Perry, Trustee v. Larry Hamman Et Ux.

Court of Appeals for the Ninth Circuit

Decided April 11, 1980No. 77-2913Published

1Opinion of the Court

SCHROEDER, Circuit Judge.

This appeal is from the trial court’s judgment denying recovery by the receiver in bankruptcy proceedings of deferred payments made by the debtor corporation to some of its shareholders under a stock redemption agreement. The receiver brought the claim under § 70(e) of the Bankruptcy Act, challenging the validity of the payments under applicable Arizona law. The trustee, substituted for the receiver, urges here that the bankruptcy court and the district court erred in upholding the validity of the payments under Arizona law.

The corporation, Hamman-McFarland Lumber…

2Cases cited5 opinions

  1. Beverly McConnell v. Estate of W. H. Butler, Oscar Strobel, Trustee of the Estate of E. W. Reynolds Company v. Estate of W. H. ButlerCourt of Appeals for the Ninth Circuit · 1968
  2. In the Matter of Flying Mailmen Service, Inc., Bankrupt. Charles Gold v. Herbert K. Lippman, Trustee in Bankruptcy of Flying Mailmen Service, Inc.Court of Appeals for the Second Circuit · 1976
  3. Copper Belle Mining Co. v. CostelloArizona Supreme Court · 1908
  4. In the Matter of National Tile & Terrazzo Co., Inc., Bankrupt. Edward M. Walsh, Trustee v. Josephine PaternaCourt of Appeals for the Ninth Circuit · 1976
  5. Copper Belle Mining Co. v. CostelloArizona Supreme Court · 1909

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