In re: CHRISTOPHER PAUL RABALAIS v. Seth Leon

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
In re: CHRISTOPHER PAUL RABALAIS,
Debtor,
------------------------------
CHRISTOPHER PAUL RABALAIS,
Appellant,
v.
SETH LEON,
Appellee.
No. 21-60025
BAP No. 20-1216
MEMORANDUM*
Appeal from the Ninth Circuit
Bankruptcy Appellate Panel
Gan, Faris, and Lafferty III, Bankruptcy Judges, Presiding
Submitted April 17, 2023**
Before: CLIFTON, R. NELSON, and BRESS, Circuit Judges.
Christopher Paul Rabalais appeals pro se from the decision of the
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED
APR 25 2023
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 21-60025
Bankruptcy Appellate Panel affirming the bankruptcy court’s order allowing
creditor Seth Leon to dismiss voluntarily an adversary proceeding. We have
jurisdiction under 28 U.S.C. § 158(d). We review de novo the bankruptcy court’s
conclusions of law and for clear error its findings of fact. Decker v. Tramiel (In re
JTS Corp.), 617 F.3d 1102, 1109 (9th Cir. 2010). We affirm.
The bankruptcy court did not abuse its discretion by allowing Leon to
dismiss voluntarily his adversary complaint because Rabalais failed to show legal
prejudice. See Smith v. Lenches, 263 F.3d 972, 975 (9th Cir. 2001) (setting forth
standard of review and stating a court “should grant a motion for voluntary
dismissal under Rule 41(a)(2) unless a defendant can show that it will suffer some
plain legal prejudice as a result.”).
We reject as meritless Rabalais’s contentions concerning res judicata and
whether the judgment debt is dischargeable.
AFFIRMED.

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