IN RE VAN DE KAMP'S DUTCH BAKERIES

No. 88-4053.

908 F.2d 517 (1990)

In re VAN DE KAMP'S DUTCH BAKERIES, Debtor. The RETAIL CLERKS WELFARE TRUST; Retail Clerks Pension Fund and Washington Bakers Welfare Trust, Plaintiffs-Appellants, v. Michael McCARTY, Trustee; Donald L. Rudd and Rosemary Rudd, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided July 16, 1990.


Attorney(s) appearing for the Case

Kirk McKenzie, Donaldson & Kiel, Seattle, Wash., for plaintiffs-appellants.

Alan Wenokur, Erickson & Groshong, Seattle, Wash., for defendants-appellees.

Before NELSON, BOOCHEVER and TROTT, Circuit Judges.


TROTT, Circuit Judge:

In this bankruptcy action, the district court upheld a Chapter 7 trustee's avoidance of a transfer and preservation of the interest for the benefit of the bankrupt's estate. In doing so, the court rejected appellants' arguments that a transfer that could have been avoided by a competing lienholder in a separate, prepetition state court action should not be susceptible to preservation under 11 U.S.C. § 551 (1988). We have jurisdiction under...

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