- 15 - “significant” is not capable of exact definition and must be determined on a case by case basis, at all times keeping the purpose of the filing requirement in mind. [Id.] See also Urban Indus., Inc. of Ky. v. Thevis, 670 F.2d 981, 986 (11th Cir. 1982); In re Saunders, 240 Bankr. 636, 641 (S.D. Fla. 1999). In assessing the credibility of petitioner’s claim that he was strictly a resident of California and not a resident of Florida on July 25, 1996, we also observe that his claim was raised belatedly. During the Appeals hearing, petitioner’s representative argued that the Florida liens were invalid because the situs of the pension plan was in California. In the petition in this case, the same argument was made based on the administration and activities of the plan in California. Neither at the hearing nor in the petition did petitioner assert his current position, which is that he became a resident of California before the liens were filed. This argument was first raised in an affidavit dated April 10, 2002, in opposition to respondent’s Motion for Summary Judgment. Most significantly, however, petitioner’s contemporaneous conduct and the objective evidence in the record contradict his belated claim that he was not a resident of Florida in 1996. He claims that, when he began employment on “The Drew Carey Show” on July 10, 1996, he permanently moved to California, first living on a friend’s boat. He relies on his employment with WarnerPage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011