New Cases For the Week of August 18,
2003 - August 22, 2003
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- The Source for Business Bankruptcy Information on the Internet
August
21, 2003
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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. |
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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. |
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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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