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Tuesday, December 07, 2004

9th Circuit Split? Both sides weigh in
The U.S. Court of Appeals for the 9th Circuit is the largest and most diverse Federal Circuit Court, encompassing both Silicon Valley and Hollywood as well as the wilds of Idaho, Montana, and Nevada. Right before the Nov. 2 election, the House of Representatives approved an amendment offered by Rep. Mike Simpson of Idaho to split the 9th Circuit into 3 smaller circuits. In an Op-Ed in The Recorder, 9th Circuit Justices Alex Kozinski and Sidney Thomas argued that such a split is unnecessary and that the costs, $130 million upfront and $22 million each year, are too high. California Governor Arnold Schwarzenegger as well as Washington and Arizona Governors Gary Locke and Janet Napolitano, oppose the split. The American Bar Association, Federal Bar Association and many State bars are also against the split.
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Woman Charged with Fraud for Drafting Phony Court Order
Beth HundsdorferBelleville News Democrat
An Edwardsville, Missouri woman was charged with Bankruptcy fraud for creating a false Order in order to keep a commercial vehicle. In this case, the Debtor bought a truck and financed it through a company in Pennsylvania. The Debtor's business later filed for reorganization but the case failed because she missed payments. Once the Stay was lifted the finance compapny told the Debtor that it intended to repossess the truck. In order to keep the finance company at bay, the Debtor created and faxed a phony Order to the finance company's Attorneys to the effect that she was to remain in possession of the truck and that the finance company could not take action to repossess it. Lawyers for the finance company got suspicious and brought the matter to light with the Court.

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