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IN RE BLIXSETH

BAP No. NV-11-1305-PaJuH. Bankruptcy No. 11-15010.

484 B.R. 360 (2012)

In re Timothy L. BLIXSETH, Alleged Debtor. State of Montana, Department of Revenue, Appellant, v. Timothy L. Blixseth, Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Decided December 17, 2012.

Attorney(s) appearing for the Case

Lynn Hamilton Butler , of Brown McCarroll, LLP, Austin, TX, argued for Appellant; Charles D. Axelrod , of Fox Rothschild LLP, Los Angeles, CA, argued for Appellee.

Before: PAPPAS, JURY, and HOLLOWELL, Bankruptcy Judges.

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 Blixseth (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

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