Reyes v. Burer (In re Burer)

Summarized by Laura Bartell , Wayne State University Law School
13 years 11 months ago

Citation:

2012 Fed. App. 0003P (6th Cir. BAP March 15, 2012)

Tag(s):

Ruling:

Bankruptcy court abused its discretion in dismissing complaint to determine dischargeability of debt "with prejudice" when motion to dismiss sought dismissal "without prejudice".

Procedural context:

Appeal from order of bankruptcy court dismissing complaint to determine dischargeability of a debt "with prejudice." Reversed and remanded.

Facts:

Appellant filed a motion seeking an order from the bankruptcy court pursuant to Fed. R. Civ. Pro. 41(a)(2), made applicable to bankruptcy cases pursuant to Fed. R. Bankr. P. 7041, seeking a voluntary dismissal without prejudice of appellant's complaint seeking a determination that appellant's claim against the debtor was nondischargeable. Without providing any reasons, the bankruptcy court entered an order dismissing the action with prejudice. The Bankruptcy Appellate Panel reversed and remanded for reconsideration of the factors to be considered in connection with a dismissal with prejudice under Michigan Surgery Investment, LLC v. Arman, 627 F.3d 572 (6th Cir. 2010).

Judge(s):

Fulton, Harris and McIvor

ABI Membership is required to access the full summary. Please Sign In using your ABI Member credentials. Not a Member yet? Join ABI now - it is absolutely worth it!