Judge Milan Smith of the U.S. Court of Appeals for the Ninth Circuit. Courtesy Photo 9th Circuit Judge Highlights Circuit Split on Federal Preemption Question in Bankruptcy
Judge Milan Smith Jr. noted a disagreement between circuit courts on whether state claims arising in a bankruptcy proceeding must be lodged in federal court.
August 22, 2024 at 06:21 PM
4 minute read
The original version of this story was published on National Law Journal
In a concurrence Wednesday, Judge Milan Smith Jr. of the U.S. Court of Appeals for the Ninth Circuit highlighted a circuit split over whether attorneys accused of abusing the federal bankruptcy process can be sued in state court.
The three-judge Ninth Circuit panel revived Nevada attorney Jeffrey Cogan's lawsuit challenging a civil judgment entered against him in Arizona state court. Former physician and debtor Arnaldo Trabucco had brought a lawsuit in state court against Cogan for alleged malicious prosecution during Trabucco's Chapter 7 proceedings.
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