Eldon Bugg v. Marc Honey, et al.

Under bankruptcy law, in personam jurisdiction is national. In re Federal Fountain, 165 F.3d 600,601, (8 Cir. 1999)(en bane)). ". . . physical presence alone constitutes due process. . .". Id., citing Burnham v. Superior Court of Cal., 495 U.S. 604, 110 S. Ct. 2105, 109 L. Ed. 2d 631, (1990). (Emphasis added). (Alternatively, "national jurisdiction" or "National Forum"). Arkansas and Missouri, are part of United States territory, are separate venues within the National Forum, and separate sovereign territories for purposes of diversity law. Under national jurisdiction, Arkansas Respondents filed a fraudulent Chapter 13 bankruptcy in Arkansas injuring Petitioner in Missouri. Petitioner sued Respondents in Missouri state court alleging Missouri common-law torts. While the bankruptcy case was still open, Respondents appeared in the Missouri court, took affirmative actions, ultimately moved for dismissal on diversity grounds which was granted,. was affirmed on appeal, and Petitioner's application to transfer to the Missouri Supreme Court was denied.

1. Did Respondents' appearance in Missouri, while the bankruptcy case was still open and they were still under national jurisdiction, constitute presence in Missouri (Burnham) , for purposes of personal jurisdiction over nonresident defendants because Missouri is essentially just another venue in the National Forum?

2. Did Respondents' physical presence in United