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IN RE JTS CORP.

Nos. 07-15970, 07-16004.

617 F.3d 1102 (2010)

In the Matter of JTS CORPORATION, Debtor, Suzanne L. Decker, Plaintiff-Appellee, v. Jack Tramiel, Defendant-Appellant, and Roger W. Johnson; Jean D. Deleage; Amber Arbitrage LDC, a private investment fund incorporated in the Cayman Islands, Defendants, Office of the U.S. Trustee, Trustee, v. Lip-Bu Tan, Third-party-defendant. In the Matter of JTS Corporation, Debtor, Suzanne L. Decker, Plaintiff-Appellant, v. Jack Tramiel, Defendant-Appellee, and Roger W. Johnson; Jean D. Deleage; Amber Arbitrage LDC, a private investment fund incorporated in the Cayman Islands, Defendants, Office of the U.S. Trustee, Trustee, v. Lip-Bu Tan, Third-party-defendant.

United States Court of Appeals, Ninth Circuit.

Filed August 10, 2010.

Attorney(s) appearing for the Case

Christian B. Nielsen , San Jose, CA, and G. Larry Engel , Morrison & Foerster LLP, San Francisco, CA, for the appellant.

Jeffrey C. Wurms , Wendel, Rosen, Black & Dean, LLP, Oakland, CA, for the appellee.

Before: PROCTER HUG, JR., PAMELA ANN RYMER, and M. MARGARET McKEOWN, Circuit Judges.

OPINION

HUG, Circuit Judge:

This case involves a bankruptcy appeal. Appellant Jack Tramiel, a member of the JTS Corporation board of directors, attempted to assist the debtor, JTS Corporation ("JTS"), and purchased real property from JTS. It was held that this purchase was a constructive fraudulent conveyance and that Tramiel was liable for the value of the property. The major issues in this case are what the fair market value of the real property is, whether...

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