Estate of Fisher v. JPMorgan Chase Bank (In re Fort Worth Osteopathic Hosp. Inc.)
Apr
15
2009
Ruling
Bankruptcy court abstained from hearing action to recover malpractice judgment where estate had settled and was no longer a party.
Procedural posture
Plaintiff decedent's estate sued defendant trustee of a hospital trust fund and others in state court, seeking to recover on a malpractice liability judgment. After the hospital filed for chapter 7 bankruptcy protection, the trustee removed the action to bankruptcy court. The estate filed a motion to remand, urging the bankruptcy court to abstain from considering the action. The bankruptcy court held a hearing on the motion.
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Court
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