I believe the $$ threshold you are thinking of deals with venue. Small
debts must be sought in that person's jurisdiction. Although the B/R trustee
can serve nationwide, it must still establish minimum contacts for
personal jurisdiction. Purchasing under an open account may, or may not, be
enough to establish that personal jurisdiction to sue in the California court.
Paul
Paul S. Martin, Esq.
Law Offices of
Paul S. Martin & Associates, P.A.
2134 Hollywood Boulevard
Hollywood, FL 33020
USA
Phone 954.923.4604
Telefax 954.923.6545
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In a message dated 10/2/2012 5:05:44 P.M. Eastern Daylight Time,
Tracye@solovelawfirm.com writes:
Does anyone know if a duly appointed trustee in a BK pending in California
can bring an action in California against a Florida entity for collection
of an open account? Debtor filed in California, after shipping to a
Florida entity.
I recall some discussion in a seminar that seemed to indicate that the
action could be commenced in California (against a Florida entity) if the
amount owed to the debtor in BK met some threshold $$ requirement.
Unfortunately, I can’t remember the specifics.
Any help will be appreciated.
Tracye K. Solove, Attorney at Law
Certified Civil Circuit Mediator
Tracye@solovelawfirm.com (mip://031f1c08/Tracye@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 (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@lists.flabarrpptl.org
[mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Chip Bachara
Sent: Monday, September 10, 2012 12:58 PM
To: clc-discussion@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@bachargroup.com
(mailto:cbachara@bachargroup.com) Thanks!
Chip Bachara
Board Certified in Construction Law
Direct Dial (904) 562-1066
Telecopier (904) 562-1061
email: cbachara@bacharagroup.com (mailto:bzimmerman@bacharagroup.com)
BACHARA
CONSTRUCTION LAW GROUP
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