New Cases For the Week of August 18, 2003 - August 22, 2003

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August 21, 2003

Case

Court

Holding

In re Tanzi
(DBN Subscription Required)
9th Cir. BAP Where joint debtors moved to Florida from California after the filing of an involuntary petition against them, and purchased a home during the gap period, the court did not err in denying their Florida homestead exemption claim since the Florida residence was not debtors' domicile for the longer portion of the 180 days immediately preceding the petition date.

August 19, 2003

Case

Court

Holding

In re Carp
(DBN Subscription Required)
1st Cir. The bankruptcy court did not err in denying a creditor's discharge challenge after the debtor refused to testify during pretrial discovery, citing Fifth Amendment protections.

August 18, 2003

Case

Court

Holding

In re Farmland Industries, Inc.
(DBN Subscription Required)
8th Cir. BAP Where the resolution of a third party dispute between a creditor and the debtor's surety will necessarily involve a determination of Debtor's liability to the creditor and will trigger Debtor's liability to surety for indemnity, there is a conceivable affect on the bankruptcy reorganization triggering "related to" jurisdiction.
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