IN RE BLEDSOE

No. 07-35567.

569 F.3d 1106 (2009)

In the Matter of Jennifer Jan BLEDSOE, Debtor. Michael B. Batlan, Trustee, Plaintiff-Appellant, v. Ryan Curtis Bledsoe, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed June 25, 2009.


Attorney(s) appearing for the Case

Peter C. McKittrick and Christopher L. Parnell, Farleigh Witt, Portland, OR, for plaintiff-appellant.

David B. Mills, Hammons & Mills, Eugene, OR, for defendant-appellee.

Opinion by Judge GRABER; Partial Concurrence and Partial Dissent by Judge O'SCANNLAIN.


GRABER, Circuit Judge:

We must decide under what circumstances a federal bankruptcy court may avoid a transfer made pursuant to a statecourt judgment dissolving the marriage of the debtor. We hold that, under Oregon law, a party who challenges a dissolution judgment must allege and prove "extrinsic fraud." Following the lead of the Fifth Circuit in Ingalls v. Erlewine (In re Erlewine), 349 F.3d 205 (5th Cir.2003), we also hold...

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