In re Tandycrafts, Inc.

317 B.R. 287 (2004)

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In re Tandycrafts, Inc.

United States Bankruptcy Court for the District of Delaware
317 B.R. 287 (2004)

  • Written by Jody Stuart, JD

Facts

Tandycrafts, Inc. (Tandycrafts) (debtor), the debtor in a bankruptcy case, manufactured household decorating products. A Mexican corporation (defendant) provided trucking services from Mexico to cities in the United States. Tandycrafts used the Mexican corporation’s trucking services to transport products between Tandycraft’s Mexican premises and Tandycraft’s distribution center in Texas. The bankruptcy trustee filed suit against the Mexican corporation to recover an allegedly preferential transfer, and the Mexican corporation had not consented to the choice of forum. The Mexican corporation was served with the complaint and summons by first-class mail addressed to the corporation’s post-office box in Texas. Via a requested return receipt, the trustee received confirmation that service was completed. Subsequently, the Mexican corporation filed a motion to dismiss, alleging lack of personal jurisdiction.

Rule of Law

Issue

Holding and Reasoning (Walrath, J.)

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