Michigan First Credit Union v. Smith (In re Smith)
Michigan First Credit Union v. Smith (In re Smith)
Opinion of the Court
OPINION AND ORDER DISMISSING DEFENDANT’S “COMPULSORY COUNTER-CLAIM[S],” AND DENYING PLAINTIFF’S MOTION TO DISMISS THE COUNTERCLAIMS AS MOOT
The Defendant in this adversary proceeding filed counterclaims against the Plaintiff, consisting of seven counts (Counts I through VII), which Defendant labeled a “Compulsory Counter-Claim.” (Docket #8 at 6-11). Plaintiff filed a motion to dismiss the counterclaims, entitled “Motion To Dismiss The ‘Defendant’s Compulsory Counter-Claim Rule 13(a)(2)(A).’ ” (Docket # 13, the “Motion”).
The Court concludes that a hearing on the Motion is not necessary; that the Defendant’s counterclaims must be dismissed for reasons other than those argued in the Motion; and that upon such dismissal, the Motion should be denied as moot.
The counterclaims that Defendant is asserting in this adversary proceeding all arose before Defendant filed her pending Chapter 7 bankruptcy case. As a result, all of the counterclaims are property
To date, Defendant has not claimed any exemption in the counterclaims,
For the reasons stated above,
IT IS ORDERED that:
1. All of Defendant’s counterclaims in her “Compulsory Counter-Claim” (Docket # 8) are dismissed.
2. Plaintiffs Motion (Docket # 13) is denied, as moot.
. See Debtor’s Schedule C (Docket # 1 in Case No. 12-51813, at pdf p. 10).
. It is true that the Trustee filed a so-called "no distribution” report in the bankruptcy case, on July 3, 2012. But this does not constitute an abandonment of any property of the bankruptcy estate under any of the provisions of 11 U.S.C. § 554. See, e.g., Auday, 698 F.3d at 905 (abandonment under 11 U.S.C. § 554(a) “requires notice to the creditors and, if any object, the bankruptcy court must hold a hearing.”)
.See Debtor’s Schedule B (Docket # 1 in Case No. 12-51813, atpdfpp. 7-9).
Reference
- Full Case Name
- In re Barbara Jean SMITH, pro se, Debtor. Michigan First Credit Union v. Barbara Jean Smith
- Cited By
- 5 cases
- Status
- Published