In Re Rosalind Johnson v. the State of Texas

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that a legal-malpractice claim arising from Chapter 7 bankruptcy counsel’s alleged pre-petition negligence accrued at the moment of filing and was the estate’s property
• holding that the debtor’s cause of action arose directly from his interactions with a law firm prior to filing, thus it constituted property of his estate
• finding that the inadvertent filing of a Chapter 7 petition caused the debtor harm because it resulted in the loss of ownership and control of his assets
• applying Florida law to determine that a malpractice cause of action accrued against debtor’s bankruptcy attorney who filed a chapter 7 bankruptcy instead of a chapter 11 bankruptcy the moment of the chapter 7 filing, and therefore belonged to the estate
• “Simultaneous with the filing, Alvarez suffered significant harm from the firm’s alleged negligence, ie. the loss of control of assets.”
• “We decline to decide the question of which law governs this determination, because in either event, we conclude that this legal malpractice claim is property of Alvarez’s bankruptcy estate.”

Source: CourtListener parenthetical corpus (CC0).