New Cases For the Week of November 12, 2001 - November 16, 2001

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November 16, 2001

Case

Court

Holding

In re Alexander
(DBN Subscription Required)
8th Cir. BAP A debtor who had separated from his spouse on the date his bankruptcy was filed could not claim the house in which his spouse was residing as an exempt homestead, since Minnesota law requires a debtor to physically reside at a home stead for the exemption to apply.

A debtor cannot use Rule 60(b) to relitigate issues that have been decided against him on appeal.

November 15, 2001

Case

Court

Holding

In re Murphy
(DBN Subscription Required)
5th Cir. A state which has not filed a proof of claim is entitled to Eleventh Amendment immunity from an adversary proceeding to determine the dischargeability of a debt under Section 7001 of the bankruptcy rules.
 
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Copyright © 2001  [BKINFORMATION.COM]. All rights reserved.