[CLC-Discussion] BANKRUPTCY QUESTION-Collection of detor's accountsreceivables by Trustee

[Paul V. DeBianchi]

The trustee in bankruptcy is a party just like any other party.  To bring an action and obtain in personam jurisdiction over the Florida resident he is going to have to show two things: (1) compliance with California's long arm statute and (2)  that the Florida entity  has minimum contacts in order to satisfy the constitutional requirements.   It may be that the Florida entity needs to hire  California counsel  to represent it and to file the appropriate motions (i.e. motion to quash service, motion to dismiss for lack of jurisdiction over the person etc. etc.) I would put this scenario out to California counsel. 

Paul V. DeBianchi, Attorney at Law
Paul V. DeBianchi P.A.
111 S.E. 12th St., 
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  ----- Original Message ----- 
  From: Tracye 
  To: clc-discussion at lists.flabarrpptl.org 
  Sent: Tuesday, October 02, 2012 5:04 PM
  Subject: [CLC-Discussion] BANKRUPTCY QUESTION-Collection of detor's accountsreceivables by Trustee


  Does anyone know if a duly appointed trustee in a BK pending in California can bring an action in California against a Florida entity for collection of an open account?  Debtor filed in California, after shipping to a Florida entity. 

   

  I recall some discussion in a seminar that seemed to indicate that the action could be commenced in California (against a Florida entity) if the amount owed to the debtor in BK met some threshold $$ requirement. Unfortunately, I can't remember the specifics. 

   

  Any help will be appreciated. 



  Tracye K. Solove, Attorney at Law

  Certified Civil Circuit Mediator

  Tracye at solovelawfirm.com

  Kendallwood Office Park One

  12002 Southwest 128th Court

  Suite 201

  Miami, Florida  33186

  Phone: (305) 612-0800

  Facsimile: (305) 612-0801

  http://www.solovelawfirm.com

   

  Providing Statewide Legal Services in the areas of Commercial Collections and Recovery, Creditors' Rights, Commercial Landlord/Tenant and Real Estate Foreclosures

   

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  From: clc-discussion-bounces at lists.flabarrpptl.org [mailto:clc-discussion-bounces at lists.flabarrpptl.org] On Behalf Of Chip Bachara
  Sent: Monday, September 10, 2012 12:58 PM
  To: clc-discussion at lists.flabarrpptl.org
  Subject: [CLC-Discussion] Expert needed for diminution in value

   

  All,

                  I am looking for someone to serve as a potential expert witness in a case where construction of a large home was halted due to numerous construction defects.  We need someone to testify as to the diminution in value of the home based on the status of construction and the defects in the home.  We are looking for someone in the Ft. Myers to Tampa to Orlando area that has experience testifying in court.

                  You may reply to me directly at cbachara at bachargroup.com  Thanks!

   

  Chip Bachara

  Board Certified in Construction Law

  Direct Dial (904) 562-1066

  Telecopier (904) 562-1061

  email: cbachara at bacharagroup.com

  BACHARA

  CONSTRUCTION LAW GROUP

   

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