In re: Burer, No. 11-8070 (6th Cir. 2012)
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Reyes alleges that her home was foreclosed upon and that she and her children were forced to live in a motel. She agreed to pay debtor $22,000 for a mobile home and gave debtor $15,000 in cash. The closing never took place and Reyes claims that debtor was not the owner of the trailer at the time of the sale. Reyes filed suit and, just before trial, debtor filed a voluntary Chapter 7 petition. Reyes filed a complaint (11 U.S.C. 523(a)(2)(A)and (a)(6)), arguing that the debt was not dischargeable. The bankruptcy court found that the complaint met the heightened pleading standard for fraud. Debtor's attorney withdrew. After several continuances, Reyes sought voluntary dismissal without prejudice. The court dismissed with prejudice without explanation. The Sixth Circuit reversed.
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