CHRISTINE SKANDIS v. JEFF A. MOYER, Trustee - Articles

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CHRISTINE SKANDIS v. JEFF A. MOYER, Trustee

Posted by: Karen Belcher on Mar 15, 2023

Court: 6th Circuit Court (Published Opinions)

Attorneys 1: ON BRIEF: Lori L. Purkey, PURKEY & ASSOCIATES, PLC, Kalamazoo, Michigan, for Appellee.

Attorneys 2: ON BRIEF: Andrew R. Vara, UNITED STATES DEPARTMENT OF JUSTICE, Grand Rapids, Michigan, for Amicus Curiae.

Attorneys 3: ON BRIEF: Christine Skandis, Saugatuck, Michigan, pro se.

Judge(s): CROOM, MASHBURN, and STOUT, Bankruptcy Appellate Panel Judges

Court Appealed: United States Bankruptcy Court for the Western District of Michigan at Grand Rapids

ALAN C. STOUT, Bankruptcy Appellate Panel Judge. This appeal involves a bankruptcy case with a protracted history including multiple appeals. The crux of the current appeal is the Debtor’s assertion that she requested dismissal of her chapter 13 case prior to its conversion to chapter 7 and that the bankruptcy court erred by failing to dismiss the case at that time or after one of her post-conversion motions to dismiss. Having examined the record thoroughly, the Panel concludes that the Debtor’s assertion that she requested dismissal of the chapter 13 case prior to conversion is false. Additionally, 11 U.S.C. § 1307 does not grant a debtor an absolute right to dismiss a case post-conversion. Therefore, the bankruptcy court’s order denying relief under Federal Rule of Civil Procedure 60(b), at issue in BAP Case No. 22-8018, is AFFIRMED. The Panel also GRANTS the trustee’s motion to dismiss BAP Case No. 22-8020.

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