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BizAttorney, Attorney
Category: Bankruptcy Law
Satisfied Customers: 2273
Experience:  Over 12 years experience in business and law. I have my MBA and litigate in the courtroom daily.
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Bankruptcy: I have found out about an adversary proceeding

Resolved Question:


I have found out about an adversary proceeding that I must respond to, but I don't want to appear generally in this court because it is too far away for me to litigate. I want to challenge jurisidiction and venue on the basis that I am not a resident of this state and should only be sued in my own state. Also the debtor has brought what I believe is a frivolous adversary proceeding against me in an effort to get out of a nondischargeable debt.

There are some things I do want to challenge in the complaint, but I don't want to incur the jurisdiction of this court. Can I file a special appearance and respond to this frivolous suit and ask for some relief, but not waive my objection to the jurisdiction and/or venue of the court?

I don't know how this works, but I've already signed up for the unlimited to ask questions on this site for a month.
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  BizAttorney replied 5 years ago.

BizAttorney :

Good evening! I can help you out with your legal question tonight. Yes, you would file a "Special Appearance" and respond to the lawsuit without waiving your objection regarding jurisdiction. You must be very specific in your arguments and you may still have to pay an attorney to argue your case, even under a special appearance.

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