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

[TJ Frasier]

Yes, the bankruptcy trustee can sue in bankruptcy court in California against a Florida entity if the cause of action is bankruptcy based.  Usually, the trustees use the turnover authority granted in 11 U.S.C. § 542 as the basis for the action.  I have argued against in personam jurisdiction.  There is a mix of law throughout the U.S. on the issue.  I have also challenged venue for such actions with mixed results.  Needless to say, the Ninth Circuit's case law may differ from these parts.  Please feel free to call to discuss the specifics.  

T.J. Frasier
Attorney at Law
Florida Board Certified - Construction Law
Old- timey bankruptcy lawyer
Niesen Price Worthy Campo Frasier & Blakey, P.A.
5216 SW 91 Drive
Gainesville, FL 32608
(352)373-9031
(352)373-9099 FAX

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----- Original Message -----
From: "Tracye" <Tracye at solovelawfirm.com>
To: <clc-discussion at lists.flabarrpptl.org>
Sent: 10/02/2012 5:04PM
Subject: [CLC-Discussion] BANKRUPTCY QUESTION-Collection of detor's accounts receivables 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
 
Confidentiality Notice:
This message is being sent by or on behalf of a lawyer. It is intended exclusively for the individual or entity to which it is addressed. This communication may contain information that is proprietary, privileged or confidential or otherwise legally exempt from disclosure. If you are not the named addressee, you are not authorized to read, print, retain, copy or disseminate this message or any part of it. If you have received this message in error, please notify the sender immediately by e-mail and delete all copies of the message.
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