MATTER OF BORBA

No. 83-2546.

736 F.2d 1317 (1984)

In the Matter of Gary J. BORBA, Debtor. Frank L. LANG, Jr., as Trustee of the Estate of Gary J. Borba, Plaintiff-Appellant, v. Michael S. and Cynthia D. GRAHAM, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided July 3, 1984.


Attorney(s) appearing for the Case

Michael Terry Hertz, Fullerton, Lang, Richert & Patch, Fresno, Cal., for plaintiff-appellant.

Richard T. Ford, Fresno, Cal., for defendants-appellees.

Before SKOPIL and NORRIS, Circuit Judges, and STEPHENS, District Judge.


STEPHENS, Senior District Judge.

Gary J. Borba filed a petition in bankruptcy under Chapter 7 of Title 11, U.S.C., on December 16, 1981. Under 11 U.S.C. § 544(b), Lang, the trustee in bankruptcy, sought to avoid a sale by the bankrupt to appellees Michael and Cynthia Graham for non-compliance with the bulk sales provisions of California Commercial Code Division 6, and under California Civil Code § 3440.

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