Astropower liquidating trust

14-Aug-2016 03:49

astropower liquidating trust-63

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Sugar, 913 F.2d 1233, 1244 (7th Cir.1990) ("[Defendants'] contacts with the State of Illinois are, for our purposes, simply irrelevant. [Defendants] have sufficient contacts with the United States to be subject to the district court's in personam jurisdiction"). 7004 is appropriate regardless of whether another forum can exercise jurisdiction over the defendant. Rowland (In re Pintlar Corp.), 133 F.3d 1141, 1146 (9th Cir.1998) ("We therefore decline to import into Rule 7004(f) the `not subject to the jurisdiction... In deciding a motion to dismiss for lack of personal jurisdiction, this Court engages in a two-step inquiry: (1) determine whether the Moving Defendants had sufficient contacts with the relevant forum, in this case the United States, and (2) evaluate whether this Court's exercise of personal jurisdiction over the Moving Defendants would comport with "traditional notations of fair play and substantial justice." In re DBSI Inc., 451 B. Tellingly, the Moving Defendants do not present any facts that would suggest that any of them would suffer serious financial distress if the adversary proceeding stays in this Court. The Motion is filed by 112 individual or entity Defendants (the "Moving Defendants"). In deciding a personal jurisdiction motion, the Court is obliged to accept all of the well-pleaded allegations in the complaint as true and should construe any factual disputes in favor of the plaintiff. Renaissance Marine, Inc., 566 F.3d 324, 330 (3d Cir.2009). Sandy Lane Hotel Co., 496 F.3d 312, 316 (3d Cir.2007)); see also Zazzali v.

Once the Trustee has made a prima facie case of minimum contacts, the burden shifts to the Moving Defendants, to "present a compelling case that the presence of some other considerations would render jurisdiction unreasonable" and would make litigation "so gravely difficult and inconvenient that a party unfairly is at a severe disadvantage in comparison to his opponent." Burger King Corp. 7004(f) is not limited to "defendants who are not subject to the jurisdiction of the courts of general jurisdiction of any state." Anheuser-Busch, Inc. Therefore, the presence of other districts that properly have personal jurisdiction over each of the Moving Defendants is irrelevant. The Moving Defendants "concede that they have sufficient contacts with the United States as each lives and/or works in the United States." (Doc. Ed.2d 528 (1985) (emphasis added) (citations omitted).

This Court also has jurisdiction over the Moving Defendants based on their contacts with the United States.

7004(b) is sufficient to confer personal jurisdiction over any defendant in a civil proceeding related to a case under the Bankruptcy Code so long as the exercise of such jurisdiction "is consistent with the constitution and laws of the United States." As the Moving Defendants concede, "this Court is bound by the Third Circuit's decision in Pinker v.