Evans v. Valley West Shopping Center, Inc.

567 F.2d 358 EVANS, John, Trustee for the Bankruptcy Estate of Unique Sportswear, Inc., d/b/a Fashion Bazaar, Bankrupt, Plaintiffs-Appellants, v. VALLEY WEST SHOPPING CENTER, INC., an Arizona Corporation, Defendant-Appellee. No. 75-3780. United States Court of Appeals, Ninth Circuit. Jan. 6, 1978. Gerald K. Smith, Phoenix, Ariz., for plaintiffs-appellants. John D. Everroad, Phoenix, Ariz., for defendant-appellee. Appeal from the United States District Court for the District of Arizona. Before BROWNING, KILKENNY and TRASK, Circuit Judges. PER CURIAM: 1 The complaint in the district court in this action alleges that the plaintiff is the Trustee in Bankruptcy of Unique Sportswear, Inc., (Unique) d/b/a Fashion Bazaar, a bankrupt, and brings this action under section 60(b) of the Bankruptcy Act. ( 11 U.S.C. § 96 (b)). That section, along with section 60(a) ( 11 U.S.C. § 96 (a)), provides that the payment or transfer of property by the bankrupt to a creditor on account of an antecedent debt within four months of bankruptcy is a voidable transaction. 1 2 The payment in this case was the sum of $23,303.77 in satisfaction of a judgment obtained by Valley West Shopping Center,…