Legal Opinion · Concurrence

Batlan v. Bledsoe (In Re Bledsoe)

Court of Appeals for the Ninth Circuit

Decided June 25, 2009No. 07-35567Published

1Concurrence

O’SCANNLAIN, Circuit Judge,

specially concurring in part and concurring in the result:

I concur in the judgment of the Court and agree entirely with the majority’s cogent analysis and rejection of the bankruptcy trustee’s claim under 11 U.S.C. § 544, which would avoid the effect of the marriage dissolution judgment. Although *1114I share the view that the trustee’s parallel claim under § 548 must also fail, the majority’s analysis of that issue troubles me, particularly with respect to BFP v. Resolution Trust Corp., 511 U.S. 531, 114 S.Ct. 1757, 128 L.Ed.2d 556 (1994). I interpret BFP to hold that…

2Cases cited14 opinions

  1. Butner v. United StatesSupreme Court of the United States · 1979
  2. Kelly v. RobinsonSupreme Court of the United States · 1986
  3. BFP v. Resolution Trust CorporationSupreme Court of the United States · 1994
  4. Midlantic National Bank v. New Jersey Department of Environmental ProtectionSupreme Court of the United States · 1986
  5. Barnhill v. JohnsonSupreme Court of the United States · 1992

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