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In re Blasingame

United States Bankruptcy Appellate Panel of the Sixth Circuit

April 5, 2019

In re: Earl Benard Blasingame; MargaretGooch Blasingame, Debtors.
v.
Earl Benard Blasingame; Margaret Gooch Blasingame; Martin A. Grusin; MAg Management Corporation, dba JG Law Firm; Tommy L. Fullen; Law Office of Tommy L. Fullen, Defendants-Appellees. Church Joint Venture, L.P., on Behalf of Chapter 7 Trustee, Plaintiff-Appellant,

          Argued: February 12, 2019

          On Appeal from the United States Bankruptcy Court for the Western District of Tennessee at Memphis. No. 08-28289; Adv. No. 14-00429-Jennie D. Latta, Judge.

         ARGUED:

          Bruce W. Akerly, AKERLY LAW PLLC, Coppell, Texas, for Appellant.

          Michael P. Coury, GLANKLER BROWN, PLLC, Memphis, Tennessee, for Appellees.

         ON BRIEF:

          Bruce W. Akerly, AKERLY LAW PLLC, Coppell, Texas, for Appellant.

          Michael P. Coury, GLANKLER BROWN, PLLC, Memphis, Tennessee, for Appellees.

          Before: OPPERMAN, PRICE SMITH, and WISE, Bankruptcy Appellate Panel Judges.

          OPINION

          DANIEL S. OPPERMAN, Chief Bankruptcy Appellate Panel Judge

         In this appeal, the Panel is asked to determine whether the bankruptcy court erred in holding that a malpractice action for denial of debtors' discharges based on errors and omissions contained in a bankruptcy petition, as well as pre and post-petition legal advice, was not property of the debtors' bankruptcy estate. The Panel finds the reasoning of Underhill v. Huntington National Bank (In re Underhill), 579 Fed.Appx. 480 (6th Cir. 2014), to be both persuasive and binding. Accordingly, we AFFIRM.

         ISSUE ON APPEAL

         The issue on appeal is whether the bankruptcy court erred in its holding that the malpractice cause of action was not property of the bankruptcy estate.

         JURISDICTION AND ...


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