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Monday, January 10, 2005

Probate exception to Bankruptcy Court jurisdication stands
In re Marshall (9th Cir. 2004)
Bankruptcy Courts are bound by the probate exception to Federal Court jurisdiction.
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Dismissal of Adversary case not de facto grounds for malicious prosecution action
Duzich v. Advantage Finance Corp. (5th Cir 2004)
Dismissal of an Adversary proceeding, but without an explanation of the reasoning for the dismissal, does not constitute a "favorable termination" of the proceeding for malicious prosecution purposes.

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