Rejuvi Laboratory, Inc.
Opinion
Trial Court Opinion
Introduction 18 Creditor Maria Corso (“Creditor”) filed a motion to amend her proof of claim on July 17, 2019. Debtor disputed whether a court in Australia had jurisdiction to enter a default judgment in favor of Creditor. The parties filed further oppositions and replies, and both
matters came on for hearing on September 12, 2019. Following that hearing, the parties submitted additional briefing regarding the issues. For the reasons that follow, the court
concludes that the Australian court did have personal jurisdiction over Creditor’s cause of
action, and that Creditor may not amend her proof of claim. This court has jurisdiction over these contested matters pursuant to 28 U.S.C. 88 157(b) and 1334(b). 27
Background Creditor filed a proof of claim in this bankruptcy case based upon a default judgment (the “Judgment”) entered in her favor in the District Court of South Australia against Debtor Rejuvi Laboratory, Inc., on June 17, 2016. The Judgment awards damages for injuries Creditor suffered after using Debtor’s product. Creditor first used the product in 2007 to remove tattoos after a local clinician…