DocketNumber: Civil Action No. 95-176
Citation Numbers: 195 B.R. 362
Judges: Polozola
Filed Date: 2/5/1996
Status: Precedential
Modified Date: 10/17/2022
RULING ON DEFENDANTS’ MOTION TO WITHDRAW THE REFERENCE TO THE BANKRUPTCY COURT
This matter is before the Court on the defendants’ motion to withdraw the reference to the bankruptcy court to allow the defendants to have a jury trial on a malpractice claim asserted by the plaintiff trustee. For the reasons which follow, the motion is denied.
FACTS AND PROCEDURAL HISTORY
In October, 1991, Telco Communications, Inc. (“Telco”) filed a petition for Chapter 11 reorganization in the Bankruptcy Court for the Middle District of Louisiana. To assist in the reorganization, Telco employed the law firms of Steffes & Macmurdo and Holliday & Jackson.
In September, 1994, Paul Debaillon, trustee for the Telco estate, commenced this lawsuit in the bankruptcy court, alleging that James Holliday, William Steffes, and Joseph Lebeau committed malpractice by negligently assisting Telco in its reorganization attempt. Steffes and Lebeau are associated with the Steffes & Macmurdo firm. In Janu
SHOULD THE REFERENCE BE WITHDRAWN
A Applicable Law
Two Supreme Court decisions, Granfinanciera, S.A. v. Nordberg
B. Analysis
The Court must first determine whether the Seventh Amendment applies to the malpractice action asserted against the defendants. Granfinanciera provides a two-step test for resolving this inquiry: (1) were such actions brought “at law” in English courts during the 18th-century, the time the Seventh Amendment was adopted; and (2) is the desired remedy essentially legal in nature. Courts have consistently held that the Seventh Amendment applies to suits for professional malpractice.
The Court must also determine whether Congress has circumvented the Seventh Amendment by permissibly assigning resolution of this suit to the equitable powers of the bankruptcy court. Under Granfinan-ciera and Langenkamp, the Seventh Amendment applies unless the defendants have filed proofs of claims against the estate. A review of the record reveals that the defendants have filed two such claims.
On June 17, 1992, Lebeau filed an application for attorneys fees on behalf of Steffes & Macmurdo. The bankruptcy judge approved that application on July 20. Thus, that claim has been extinguished. On December 31, Holliday filed an application for fees on behalf of himself and Holliday & Jackson. Steffes filed a second application for fees on behalf of Steffes & Macmurdo on January 20, 1993. The bankruptcy court has apparently taken no action with respect to these last two fee applications. These outstanding applications constitute outstanding proofs of claims.
Therefore:
IT IS ORDERED that the defendants’ motion to withdraw the reference to the bankruptcy court be and it is hereby DENIED.
. Apparently, the defendant James Holliday was at one time associated with the firm of Holliday & Jackson, and was employed by Telco in his individual capacity.
. 492 U.S. 33, 109 S.Ct. 2782, 106 L.Ed.2d 26 (1989).
. 498 U.S. 42, 111 S.Ct. 330, 112 L.Ed.2d 343 (1990).
. See Billing v. Ravin, Greenberg & Zackin, P.A., 22 F.3d 1242 (3d Cir.), cert. denied, - U.S. -, 115 S.Ct. 508, 130 L.Ed.2d 416 (1994); Woodard v. Sanders (In re SPI Communications & Mktg., Inc.), 112 B.R. 507 (Bankr.N.D.N.Y.1990); Light Foundry Assocs. v. Alter (In re Light Foundry Assocs.), 112 B.R. 134 (Bankr.E.D.Pa.1990).
. Pl.'s Mem. in Opp’n to Mot. to Withdraw Reference to Bankruptcy Ct., at 4.
. See Granfinanciera, 492 U.S. at 47-49, 109 S.Ct. at 2793-94; Dairy Queen, Inc. v. Wood, 369 U.S. 469, 476-77, 82 S.Ct. 894, 899, 8 L.Ed.2d 44 (1962); Schoenthal v. Irving Trust Co., 287 U.S. 92, 94-95, 53 S.Ct. 50, 51-52, 77 L.Ed. 185 (1932).
. This Court has carefully searched the bankruptcy record and the docket sheet. It is clear that these two claims for fees remain outstanding. The defendants have not presented any evidence to the contrary to the Court.
. 11 U.S.C.A. § 101(5) (West 1993).