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.

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

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