In October 2010, several important Eighth Circuit Bankruptcy
Court decisions were issued. This article summarizes those
decisions.
The National Benevolent Association of the Christian Church
(Disciples of Christ), et. al v. Weil, Gotshal & Manges, LLP,
No. 09-6084, 09-6085 (8th Cir. BAP 10/8/10)
The Eighth Circuit Bankruptcy Appellate Panel comprised of
Judges Kressel, Venters, and Saladino reversed and remanded back to
the bankruptcy court for remand to the state court an adversary
proceeding that had been dismissed for lack of subject matter
jurisdiction. The debtor, a non-profit corporation primarily
located in Missouri, filed an adversary seeking damages for alleged
legal malpractice in connection with the law firm's
pre-petition and post-petition services in its Chapter 11 case in
Texas. The Fifth Circuit Court of Appeals affirmed the Texas
bankruptcy court's decision and dismissed the case for lack of
subject matter jurisdiction due to the debtor's lack
