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IN RE FRANKLIN

Misc. No. 94-M206-C-7. Adv. No. 94-2540.

179 B.R. 913 (1995)

In re James Loren FRANKLIN, Debtor. FIDELITY NATIONAL TITLE INSURANCE COMPANY, an Arizona Corporation, Plaintiff, v. James Loren FRANKLIN; JL Construction Company, a California Corporation; Stratus Group, a California Corporation; Pennsylvania River Run Partners, a Pennsylvania Limited Partnership; Wooldridge Construction Co., Inc., a California Corporation; Charlestown Investments, Ltd.; The Stratus Group, a California Corporation; Stratus Development Inc., a California Corporation; and Does 1 through 500, inclusive, Defendants.

United States Bankruptcy Court, E.D. California.

March 31, 1995.

Attorney(s) appearing for the Case

Gary M. Funamura, Gilbert Khachadourian, Jr., Trainor, Robertson, Smits & Wade, Sacramento, CA, for plaintiff Fidelity Nat. Title Ins. Co.

Timothy J. Truxaw, Dickstein & Truxaw, San Diego, CA, for defendant James Loren Franklin.

MEMORANDUM DECISION

CHRISTOPHER M. KLEIN, Bankruptcy Judge:

This motion to transfer venue of an action removed from state court presents a poorly understood question regarding the concurrent jurisdiction of state and federal courts to determine whether particular debts are discharged in a bankruptcy case. Here, the debtor in his bankruptcy schedules omitted debts that are allegedly based on indemnification, contribution, negligent misrepresentation, and...

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