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DANNING v. LAVINE

No. 77-1192.

572 F.2d 1386 (1978)

Curtis B. DANNING, as Trustee in Bankruptcy of Fenton, Lavine & Co., a partnership, Plaintiff-Appellee, v. Beau Berlinski LAVINE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied June 26, 1978.

Attorney(s) appearing for the Case

Roy L. Kight (argued), Marina Del Rey, Cal., for defendant-appellant.

Richard S. Berger (argued), of Gendel, Raskoff, Shapiro & Quittner, Los Angeles, Cal., for plaintiff-appellee.

Before WALLACE, SNEED and KENNEDY, Circuit Judges.

KENNEDY, Circuit Judge:

The first issue on this appeal is whether a complaint by a bankruptcy trustee alleging that defendant had received either a fraudulent conveyance or a voidable preference was sufficient to support a default judgment. The second issue is whether or not an order holding defendant a recalcitrant witness under 28 U.S.C. § 1826 for refusing to answer questions at a deposition may continue in effect after a default judgment has been entered...

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