Batlan v. Bledsoe, No. 07-35567 - U.S. Ninth Circuit
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Batlan v. Bledsoe, No. 07-35567

In a bankruptcy trustee's motion to avoid a transfer made pursuant to a state court judgment dissolving the Debtor's marriage, the order denying the trustee's motion is affirmed where, under Oregon law, a party who challenges a dissolution judgment must allege and prove "extrinsic fraud," and the trustee failed to do so.

Read Batlan v. Bledsoe, No. 07-35567

Appellate Information

Argued December 9, 2008

Decided June 25, 2009

Judges

Opinion by Judge Graber

Partial Concurrence and Partial Dissent by Judge O'Scannlain

Counsel

For Appellant:

Peter C. McKittrick, Farleigh Witt, Portland, OR

Christopher L. Parnell, Farleigh Witt, Portland, OR

For Appellee:

David B. Mills, Hammons & Mills, Eugene, OR