Michigan First Credit Union v. Smith (In re Smith)

OPINION AND ORDER DISMISSING DEFENDANT’S “COMPULSORY COUNTER-CLAIM[S],” AND DENYING PLAINTIFF’S MOTION TO DISMISS THE COUNTERCLAIMS AS MOOT

THOMAS J. TUCKER, Bankruptcy Judge.

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…