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Ninth Cir Decision

Posted: Mon Feb 01, 2010 11:13 am
by Yahoo Bot

Wasn't this a voluntary case, though?
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Ninth Cir Decision

Posted: Mon Feb 01, 2010 11:07 am
by Yahoo Bot

I had the same "huh" when I read the synopsis, but in reading the case, the court differentiates between an involuntary case in which the Trustee is put on notice by the listing of the petitioning creditor and an e-filed voluntary case where there is no Trustee yet appointed when the schedules are filed (concurrently with the petition). Judge Kozinski's opinion turns on the language of Section 544 and when a trustee has notice.
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