Covina Bankruptcy Attorney

Bankruptcy | Case Law | Personal Jurisdiction

JURISDICTION --PERSONAL

In re Etalco, 273 B.R. 211 (9th Cir. B.A.P. 2001)

Bankruptcy court in Washington state had no jurisdiction over out-of-state entity that

entered into postpetition contract with Chapter 11 debtor. (Court seems to confuse venue with

personal jurisdiction).

In re Tuli, 172 F.3d 707 (9th Cir. 1999)

Bankruptcy court must allow adversary plaintiff to establish “minimum contacts” with US

when court sua sponte raised issue of personal jurisdiction over foreign government.

In re Pintlar, 205 B.R. 945 (Bankr.D. Idaho 1997)

New bankruptcy rule of personal jurisdiction over foreign residents applies to action

pending on its effective date if it is “just and practicable”.

In re PNP Holdings Corp., 184 B.R. 805 (9th Cir. B.A.P. 1995), aff’d 99 F.3d 910 (9th Cir. 1996)

Creditor consented to personal jurisdiction when it filed proof of claim. Rule may not

apply if creditor contests personal jurisdiction prior to filing proof of claim.

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