Baker v. Simpson

Decision Determining that a Malpractice Claim by a Debtor against His Bankruptcy Counsel "Arises In" a Bankruptcy Case


A Chapter 7 debtor who had his case converted to a case under Chapter 11 brought a malpractice claim against his bankruptcy counsel in state court. His bankruptcy counsel moved to remove the state court action to the Bankruptcy Court, which motion was granted by the state court. The debtor then sought remand to the District Court. The bankruptcy court denied the remand motion and dismissed the case on the grounds that none of the claims could survive. The debtor appealed the denial of his remand motion, but not the merits of the dismissal claiming that the bankruptcy court lacked jurisdiction. The District Court affirmed finding that the provision of allegedly substandard legal services in the bankruptcy proceedings "arise in" a Title 11 case. The 2d Circuit affirmed.

LOADING PDF: If there are any problems, click here to download the file.

Reference Info:Decision | Federal, 2nd Circuit, New York | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© David Blansky, LaMonica Herbst & Maniscalco | Attorney Advertising

Written by:


LaMonica Herbst & Maniscalco on:

JD Supra Readers' Choice 2016 Awards
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.