IN RE RAY

No. 09-60005.

624 F.3d 1124 (2010)

In re Douglas RAY, Debtor. Battle Ground Plaza, LLC, Appellant, v. Douglas Ray; Estate of Irwin Jessen; Dean Maldonado, Appellees.

United States Court of Appeals, Ninth Circuit.

Filed October 25, 2010.


Attorney(s) appearing for the Case

Ben Shafton , Caron, Colven, Robison & Shafton, Vancouver, WA, for the appellant.

Russell D. Garrett and Todd A. Mitchell , Bullivant Houser Bailey PC, Vancouver, WA, for the appellees.

Before: MICHAEL DALY HAWKINS, M. MARGARET McKEOWN and CARLOS T. BEA, Circuit Judges.


OPINION

HAWKINS, Senior Circuit Judge:

On an issue of first impression, we examine whether a bankruptcy court retains jurisdiction over a collateral attack — based on a state breach of contract theory—on its previous sale order, having already approved a Chapter 11 Plan, including the sale of real property, closed the case, overseen payment of creditors, and discharged the debtor. Determining that the bankruptcy court lacked jurisdiction, we...

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