United States Bankruptcy Appellate Panel of the Eighth Circuit
In re: Roberts Broadcasting Company, also known as WRBU TV, also known as Roberts Broadcasting Co., LLC, also known as Roberts Brothers Broadcasting, LLC, also known as Roberts Broadcasting Company of St. Louis, MO, LLC, Debtor
A. Thomas DeWoskin; Danna McKitrick, Defendants-Appellants Roberts Broadcasting Company; Roberts Broadcasting Company, Columbia, South Carolina, LLC; Roberts Broadcasting Company, Evansville, Indiana, LLC; Roberts Broadcasting Company, Jackson, Mississippi, LLC, Plaintiffs - Appellees
Submitted: April 7, 2017
from United States Bankruptcy Court for the Eastern District
of Missouri - St. Louis
KRESSEL, FEDERMAN, and NAIL, Bankruptcy Judges.
McKitrick, P.C., and A. Thomas DeWoskin (collectively,
"Danna McKitrick") appeal the October 31, 2016
memorandum opinion and order of the bankruptcy
court abstaining from hearing Roberts
Broadcasting Company, Roberts Broadcasting Company, Columbia,
South Carolina, LLC, Roberts Broadcasting Company,
Evansville, Indiana, LLC, and Roberts Broadcasting Company,
Jackson, Mississippi, LLC's (collectively, "Roberts
Broadcasting") malpractice claim against Danna
McKitrick. We affirm.
McKitrick represented Roberts Broadcasting in its chapter 11
case. After the chapter 11 case was closed, Roberts
Broadcasting filed a civil action against Danna McKitrick in
Missouri state court, alleging Danna McKitrick had committed
malpractice in its representation of Roberts Broadcasting.
McKitrick removed the civil action from Missouri state court
to the United States District Court for the Eastern District
of Missouri. On Roberts Broadcasting's motion to remand
the case to Missouri state court, the district
courtconcluded it had subject-matter
jurisdiction under 28 U.S.C. § 1334(b),  denied the
motion, and referred the case to the bankruptcy court
pursuant to the district court's local rule
the district court's referral, the bankruptcy court asked
the parties to brief the issue of whether it should abstain
from hearing the case under 28 U.S.C. § 1334(c)(1), an
issue left unresolved by the district court's decision.
Both parties did so, and the bankruptcy court entered its
memorandum opinion and order abstaining from hearing the case
and remanding it to the Missouri state court. Danna McKitrick
review a bankruptcy court's decision to abstain from
exercising jurisdiction for an abuse of discretion.
Stabler v. Beyers (In re Stabler), 418 B.R.
764, 766 (B.A.P. 8th Cir. 2009).
A court abuses its discretion when a relevant factor that
should have been given significant weight is not considered;
when an irrelevant or improper factor is considered and given
significant weight; or when all proper factors and no
improper ones are considered, but the court commits a clear
error of judgment in weighing those factors.
City of Duluth v. Fond du Lac Band of Lake Superior
Chippewa, 702 F.3d 1147, 1152 (8th ...