Zahn Law Firm, P.A. v. Baker, No. 17-6015 (8th Cir. 2017)
Annotate this CaseThe Bankruptcy Appellate Panel affirmed the bankruptcy court's order remanding an adversary proceeding brought against debtor by the Law Firm. The panel held that the bankruptcy court did not abuse its discretion by committing a clear error of judgment in weighing the listed criteria. In this case, the bankruptcy court's analysis demonstrated its exercising jurisdiction would not resolve any bankruptcy issue or serve any bankruptcy purpose that was not at least equally well-served by remanding the matter to the state court. The court rejected debtor's arguments to the contrary and affirmed.
Court Description: Nail, Author, with Schermer and Dow, Bankruptcy Judges] Bankruptcy Appellate Panel - remand to state court. The bankruptcy court did not abuse its discretion in remanding to the state court an adversary proceeding brought by a law firm against the debtor alleging breach of contract and account stated. The bankruptcy court properly considered and addressed each of the listed criteria for consideration. Debtor challenges the bankruptcy court's findings on four of the criteria: the effect on the administration of the estate; the difficulty or unsettled nature of the law; the jurisdictional basis; and the likelihood the adversary proceedings involved forum shopping. We agree with the bankruptcy court's analysis. [ November 15, 2017
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