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CHARLTON v. ESTATE OF CHARLTON

No. 87-2047.

841 F.2d 988 (1988)

Richard CHARLTON, Plaintiff-Appellant, v. ESTATE OF Richard CHARLTON; James P. Dunlavey, Receiver; Cortez Development Corporation, an Arizona corporation; Seventh Camel Associates, an Arizona joint venture, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided March 11, 1988.

Attorney(s) appearing for the Case

Joseph W. Charles, Glendale, Ariz., for plaintiff-appellant.

Dennis I. Wilenchik, Storey & Ross, Phoenix, Ariz., and Jon N. Vogel, Vogel & Wulfers, Scottsdale, Ariz., for defendants-appellees.

Before SKOPIL, REINHARDT and LEAVY, Circuit Judges.

SKOPIL, Circuit Judge:

Plaintiff-appellant Richard Charlton ("Charlton") appeals from a district court's order permanently enjoining him from attacking a bankruptcy sale of his property. We agree with Charlton that the injunction should not have been issued without a hearing on the merits. We reverse and remand for further proceedings.

FACTS AND PRIOR PROCEEDINGS

In 1979 Charlton filed a Chapter 11 petition in bankruptcy. The bankruptcy court issued...

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