In Re Benny

842 F.2d 1147 18 Collier Bankr.Cas.2d 821 , 17 Bankr.Ct.Dec. 839 , Bankr. L. Rep. P 72,246 In re George I. BENNY and Alexandra Benny, Husband and Wife, Debtors. Alexandra BENNY, Debtor-Appellant, v. CHICAGO TITLE INSURANCE COMPANY; John M. England, Trustee, Appellees. No. 86-1591. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 15, 1987. Decided March 28, 1988. John T. Hansen, San Francisco, Cal., for debtor-appellant. Edward A. Weiner, Michael H. Salinsky, and Geraldine A. Freeman, Pillsbury, Madison & Sutro, San Francisco, Cal., for Chicago Title Ins. Co. Reidun Stromsheim, Stokes, Welch & Stromsheim, San Francisco, Cal., for John M. England, Trustee. Appeal from the United States District Court for the Northern District of California. Before CHOY, GOODWIN and BEEZER, Circuit Judges. GOODWIN, Circuit Judge: 1 Alexandra Benny appeals the district court's order affirming the bankruptcy court's denial of her motion to dismiss for lack of subject matter jurisdiction. She contends that the bankruptcy court lacked jurisdiction because involuntary joint petitions may not be filed against a husband and wife. She also contends that the bankruptcy judge…