Legal Opinion

Montana v. Blixseth (In Re Blixseth)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided December 17, 2012No. BAP NV-11-1305-PaJuH; Bankruptcy 11-15010PublishedCited by 4 opinions

1Opinion of the Court

OPINION

PAPPAS, Bankruptcy Judge.

The Montana Department of Revenue (“MDOR”) appeals the order of the bankruptcy court dismissing the involuntary bankruptcy petition it and others filed against the alleged debtor, Timothy Blix-seth (Blixseth), for improper venue. We REVERSE.

FACTS

On April 5, 2011, MDOR, along with the Idaho State Tax Commission and the California Franchise Tax Board, filed an involuntary chapter 71 bankruptcy petition (the “Petition”) against Blixseth in the bank*362ruptcy court for the District of Nevada. The Petition listed Blixseth’s residence and mailing address as Medina,…

2Cases cited20 opinions

  1. Ve Holding Corporation v. Johnson Gas Appliance CompanyCourt of Appeals for the Federal Circuit · 1990
  2. Weddell v. H2O, INC.Nevada Supreme Court · 2012
  3. Delaware v. New YorkSupreme Court of the United States · 1993
  4. Kerobo v. Southwestern Clean Fuels, Corp.Court of Appeals for the Sixth Circuit · 2002
  5. Modaressi v. VedadiDistrict Court, District of Columbia · 2006

15 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. In re B & M Land & Livestock, LLCUnited States Bankruptcy Court, D. Nevada · 2013
  2. McClure v. JP Morgan Chase Bank NAColorado Court of Appeals · 2015
  3. In Re: ReiflerDistrict Court, S.D. New York · 2023
  4. McClure v. JP Morgan Chase Bank NAColorado Court of Appeals · 2015

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