Legal Opinion

Klein v. ODS Techs., LP (In re J & J Chem., Inc.)

United States Bankruptcy Court, D. Idaho

Decided January 11, 2019No. Bankruptcy Case No. 17-40037-JDP; Adversary Case No. 18-08029-JDPPublishedCited by 6 opinions

1Opinion of the Court

Honorable Jim D. Pappas, United States Bankruptcy Judge

Introduction

This is a decision exploring whether venue of a trustee's fraudulent transfer action in the district where the bankruptcy case is pending against an out-of-district defendant is proper. While the amounts in controversy in this contest are modest, the legal issue is a knotty one, dividing the courts that have considered it, and requiring this lengthy decision. After reflection, the Court's solution to this venue contest is by no means a novel one: the Court will apply what it perceives to be the plain meaning of the venue…

2Cases cited36 opinions

  1. International Shoe Co. v. WashingtonSupreme Court of the United States · 1945
  2. Burger King Corp. v. RudzewiczSupreme Court of the United States · 1985
  3. Milliken v. MeyerSupreme Court of the United States · 1941
  4. Russello v. United StatesSupreme Court of the United States · 1983
  5. Lamie v. United States TrusteeSupreme Court of the United States · 2004

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3Cited by6 opinions

  1. Webster v. Republic Nat'l Distrib. Co. (In re Tadich Grill of Wash. DC LLC)United States Bankruptcy Court, District of Columbia · 2019
  2. Bruton, Trustee in Bankruptcy for Cirino Construct v. High Speed Capital LLCUnited States Bankruptcy Court, M.D. North Carolina · 2020
  3. Epstein, as United States Trustee for Region 7 v. DennoUnited States Bankruptcy Court, S.D. Texas · 2023
  4. Mendelsohn v. Central Garden & Pet Co.United States Bankruptcy Court, E.D. New York · 2021
  5. Richardson v. Cellco Partnership d/b/a Verizon WirelessUnited States Bankruptcy Court, C.D. Illinois · 2021

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