In Re Robert J. Futoran, Debtor. Robert J. Futoran v. Max H. Rush, Trustee in Bankruptcy

73 F.3d 368 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. In re Robert J. FUTORAN, Debtor. Robert J. FUTORAN, Appellant, v. Max H. RUSH, Trustee in Bankruptcy, Appellee. No. 94-55759. United States Court of Appeals, Ninth Circuit. Submitted Dec. 12, 1995. * Decided Dec. 26, 1995. 1 Before: FARRIS and RYMER, Circuit Judges, and SINGLETON, District Judge. ** 2 MEMORANDUM *** 3 Debtor Robert Futoran appeals the district court's ruling that Max Rush, the trustee of Futoran's estate, is not obligated to give Futoran the payments received by the estate under a deferred annuity purchased prepetition by Futoran. We affirm. I. Res Judicata 4 "The doctrine of res judicata does not apply to direct attacks on judgments. [It] does not preclude a litigant from making a direct attack ... upon the judgment before the court which rendered it." See Watts v. Pinckney, 752 F.2d 406, 410 (9th Cir.1985). It is the law of the case doctrine that "ordinarily precludes a court from re-examining…