United States Ninth Circuit

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.

Appellate Information

• Argued 12/09/2008
• Decided 06/25/2009
• Published 06/25/2009

Judges

• Before:  DIARMUID F. O'SCANNLAIN, SUSAN P. GRABER, and JAY S. BYBEE, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Peter C. McKittrick and Christopher L. Parnell, Farleigh Witt, Portland, OR, for plaintiff-appellant.


• For Appellees:
  
• David B. Mills, Hammons & Mills, Eugene, OR, for defendant-appellee.