25 Collier bankr.cas.2d 1728, Bankr. L. Rep. P 74,393 in Re Pecan Groves of Arizona, Debtor. Clarence Tilley, B & C Equities v. Robert Vucurevich, Trustee Skousen Jay Davis Allen Eide Ron Offutt Mel Clayton Gerie Clayton Ralph Thomas
Opinion
Opinion
951 F.2d 242 25 Collier Bankr.Cas.2d 1728 , Bankr. L. Rep. P 74,393 In re PECAN GROVES OF ARIZONA, Debtor. Clarence TILLEY, B & C Equities, Appellants, v. Robert VUCUREVICH, Trustee; Skousen; Jay Davis; Allen Eide; Ron Offutt; Mel Clayton; Gerie Clayton; Ralph Thomas, Appellees. No. 89-15815. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 11, 1990. Decided Dec. 16, 1991. Thomas M. Swift, Mesa, Ariz., for appellants. James M. Marlar, Phoenix, Ariz., for appellees. Appeal from the Ninth Circuit Bankruptcy Appellate Panel. Before CHOY, TANG and FLETCHER, Circuit Judges. TANG, Circuit Judge: OVERVIEW 1 In the third bankruptcy proceeding brought by or on behalf of Pecan Groves, the Chapter 7 Trustee sought to avoid a trustee's sale which took place in violation of the automatic stay under the first bankruptcy proceeding. Clarence Tilley and B & C Equities were allowed to intervene with the trustee. After the Trustee, Tilley, and B & C had presented their case, the bankruptcy court granted judgment for Skousen and the Clayton Group and against the trustee. Tilley and B & C appealed; the trustee did not. The Bankruptcy Appellate Panel ("BAP")…