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In re Gallo, No. 08-1315

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By FindLaw Staff on July 20, 2009 5:05 PM

Bankruptcy court order denying the petitioner's former wife's proof of claim for slander of title is affirmed where: 1) petitioner did not commit slander of title by improperly filing a lis pendens notice as even assuming the notice of lis pendens was filed in error, petitioner acted in good faith and there was no showing of malice on his part; and 2) the bankruptcy court properly granted petitioner's motion for turnover as his former wife failed to establish that the bankruptcy court had any obligation to ensure her ability to pay the judgment before granting the turnover motion. 

Read In re Gallo, No. 08-1315


Appellate Information
Appeal from the United States District Court for the Central District of Illinois.
Argued April 7, 2009
Decided July 20, 2009

Judges
Before POSNER, RIPPLE and WOOD, Circuit Judges.
Opinion by RIPPLE Circuit Judge.

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