IN RE: Green Jacobson, P.C.

Case Type:
Case Status:
Affirmed in part and Reversed in part
No. 18-1134, 2018 WL 6815727 (8th Circuit, Dec 28,2018) Not Published
8th Circuit affirmed dismissal by bankruptcy court (E.D. Mo.) of plaintiff's claim for disgorgement because no disgorgement had been ordered in the underlying class action. Thus, the bankruptcy claim was premature and lacked supporting foundation.
Procedural context:
Plaintiff filed a claim for over $10 million, asserting that debtor as lead counsel was negligent in supervising the administration of the distribution of settlement proceeds to the class. Trustee objected to the claim. Bankruptcy court granted trustee's motion to disallow the claim.
In class action litigation, plaintiff was appointed as lead plaintiff for one of the classes and debtor as lead counsel. The litigation settled for $333 million. After some distributions were made to the class, plaintiff sued debtor. Later, debtor filed for chapter 7 bankruptcy because of an unrelated state court malpractice judgment.
Loken, Benton, Shepherd

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