Legal Opinion
In the Matter of Gary J. Borba, Debtor. Frank L. Lang, Jr., as Trustee of the Estate of Gary J. Borba v. Michael S. And Cynthia D. Graham
Court of Appeals for the Ninth Circuit
Decided July 3, 1984No. 19-1210PublishedCited by 34 opinions
1Opinion of the Court
STEPHENS, Senior District Judge.
Gary J. Borba filed a petition in bankruptcy under Chapter 7 of Title 11, U.S.C., on December 16, 1981. Under 11 U.S.C. § 544(b), Lang, the trustee in bankruptcy, sought to avoid a sale by the bankrupt to appellees Michael and Cynthia Graham for non-compliance with the bulk sales provisions of California Commercial Code Division 6, and under California Civil Code § 3440.
A building was located on land which was part of the Southern Pacific Railway right of way. Pursuant to an agreement of sale, the bankrupt sold the “building” to the Grahams for $30,000, payable…
2Cases cited5 opinions
- Burlington Northern, Inc., a Delaware Corporation v. Weyerhaeuser Company, a Washington CorporationCourt of Appeals for the Ninth Circuit · 1983
- Martinez v. TraubnerCalifornia Supreme Court · 1982
- E. J. Trum, Inc. v. Blanchard Parfums, Inc.Appellate Division of the Supreme Court of the State of New York · 1969
- Aluminum Shapes, Inc. v. KA-LIQUIDATING COMPANYDistrict Court, W.D. Pennsylvania · 1968
- In the Matter of Del Norte Depot, Inc., Bankrupt. The Chartered Bank of London v. Lawrence A. Diamant, as Trustee of Del Norte Depot, Inc.Court of Appeals for the Ninth Circuit · 1983
3Cited by34 opinions
- Bresgal v. BrockCourt of Appeals for the Ninth Circuit · 1987
- Estate of Barbara L. Reynolds v. Lynn Martin, Secretary of LaborCourt of Appeals for the Ninth Circuit · 1993
- Marc Development, Inc. v. Federal Deposit InsuranceDistrict Court, D. Utah · 1991
- The People of the State of California Ex Rel. John Van De Kamp, Attorney General of the State of California v. The Tahoe Regional Planning Agency, a Separate Legal Entity Created by Bi-State Compact, League to Save Lake Tahoe, a Non-Profit California Corporation v. The Tahoe Regional Planning Agency, a Separate Legal Entity, and Does 1-100Court of Appeals for the Ninth Circuit · 1985
- Jones Truck Lines, Inc. v. AFCO Steel, Inc.District Court, E.D. Arkansas · 1994
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