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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