“Personal Jurisdiction”
In Janvey v. Proskauer Rose LLP, the United States District Court for the Northern District of Texas denied the defendant’s motion to show cause and enforce bar orders based on a lack of personal jurisdiction over the joint liquidators. The Antiguan court appointed the joint liquidators over the assets and affairs of the debtor. The joint liquidators filed a chapter 15 petition for recognition, and the bankruptcy court recognized the Antiguan litigation as a foreign nonmain proceeding. The joint liquidators and several stakeholders entered into a protocol and settlement agreement that specifically stated that the appearance did not subject them to the general jurisdiction of the bankruptcy court. The bar order restricted litigation against the defendant. Despite the chapter 15 case, the district court held the joint liquidators did not purposefully avail themselves in any way, nor did they have sufficient contacts, with the Northern District of Texas for personal jurisdiction. As such, the district court in the interest of comity deferred to the Antiguan Court.