Does the bankruptcy court have any authority to dismiss an action with prejudice?

MultiRegion, United States of America

The following excerpt is from Willey, In re, 900 F.2d 263 (9th Cir. 1989):

1 Willey raises two other issues for the first time on appeal. She contends that the bankruptcy court: (1) did not have the authority to dismiss the action with prejudice pursuant to 11 U.S.C. Sec. 349(a), and (2) committed reversible error by failing to appoint a creditor's committee pursuant to 11 U.S.C. Sec. 1102(a). We decline to address these issues because "[a]s a general rule issues which have not been raised in the trial court will not be reviewed on appeal." Scott v. Pacific Maritime Ass'n, 695 F.2d 1199, 1203 (9th Cir.1983).

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