Southmark Corp. v. Coopers & Lybrand
Court of Appeals for the Fifth Circuit
1Opinion of the Court
EDITH H. JONES, Circuit Judge:
This appeal arises from a malpractice suit filed by Southmark Corporation (“South-mark”) against Coopers & Lybrand L.L.P. (“Coopers”), the accountant to the court-appointed Examiner in Southmark’s reorganization case under Chapter 11 of the Bankruptcy Code. Southmark filed suit in a Texas state court in April, 1995. Coopers removed the ease to the bankruptcy court that had presided over Southmark’s reorganization. In an unusual twist, Southmark did not perceive the bankruptcy court as a beneficial forum, so it moved for the court’s mandatory abstention, or…
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