In re Kahlenberg Lumber Co., Inc.

103 F.3d 138 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. In re KAHLENBERG LUMBER COMPANY, INC., dba Aetna Lumber Company, Debtor. HMT INVESTMENT CORPORATION, Plaintiff-Appellant, v. Arnold L. KUPETZ, Defendant, and Sulmeyer, Kupetz, Baumann & Rothman; Howard Ehrenberg; Wesley Avery, Defendants-Appellees. No. 95-55645. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 7, 1996. Decided Nov. 20, 1996. 1 Before: GOODWIN, WIGGINS and NOONAN, Circuit Judges 2 MEMORANDUM * INTRODUCTION 3 In February, 1993, HMT Investment Corporation (HMT), plaintiff-appellant, filed suit in state court against Sulmeyer, Kupetz, Baumann & Rothman (the Firm), Howard Ehrenberg, and Wesley Avery, defendants-appellees, alleging malpractice, negligence, and breach of contract. Appellees removed the action to the bankruptcy court that had presided over the Chapter 7 action from which HMT's claims arose. HMT moved the court to abstain and remand, arguing that the claim…