Here is a case from my days of bankruptcy practice in which I represented the prevailing party in the matter of its removal of a state court lawsuit by an affiliate of three debtors to the Bankruptcy Court for the Eastern District of Texas, the district in which that action was pending, and then, when the home Bankruptcy Court in Delaware adjudged that the cause of action was not property of its specific debtors' estates, then the remand from the Texas bankruptcy court to the Texas state court. At that point the plaintiffs alleged and tried to reserve a liability claim for "wrongful removal" against our client, but obviously that was insupportable as the Bankruptcy Court easily held.
This decision should have been reported by West!
The case is Conex Int'l Corp. v. Fluor Enter., Inc. (In re Conex Holdings, LLC), Case No. 11-01010 (Bankr. E.D. Tex. 2012).
