- 28 U.S.C.
Rafool v. Evans (In re Central Ill. Energy LLC)
Jun
16
2010
Ruling
Bankruptcy court decided to abstain from hearing legal malpractice case based allegedly erroneous bankruptcy filing advice.
Procedural posture
Plaintiff chapter 7 Trustee brought a malpractice complaint against defendants, an attorney and a law firm. The matter was before the court on a Motion to Abstain filed by defendants. Defendants asked the court to exercise its right of permissive abstention under 28 U.S.C.S. § 1334(c)(1). The Trustee opposed the motion.
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Court
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