Paulson v. McDermott et al. (In re Paulson)

Case Type:
Consumer
Case Status:
Affirmed
Citation:
16-6018 (8th Circuit, Nov 17,2016) Published
Tag(s):
Ruling:

The Bankruptcy Court for the District of South Dakota did not err in dismissing the Debtor's chapter 13 case, denying the Debtor's motion to reinstate, and denying the Debtor's motion to reconsider the denial.

Procedural context:

On appeal to from the orders of the Bankruptcy Court for the District of South Dakota dismissing the Debtor's chapter 13 case, denying the Debtor's motion to reinstate, and denying the Debtor's motion to reconsider the denial.

Facts:

The case stems from a long-running dispute between the chapter 13 debtor and to of his creditors.  Prior to the filing of the case, the parties were involved in significant litigation in the South Dakota state courts as well as related to a previous chapter 13 filed by the debtor, including appeals to the B.A.P. and the 8th Circuit.  The Debtor's previous chapter 13 was dismissed without confirmation of a plan.  The instant case was filed three years later and dismised on the United States Trustee's motion to dismiss after two proposed plans were denied confirmation.  The debtor did not timely respond to the motion to dismiss, but did file an objection after the case was dismissed followed by a motion to reinstate and a motion to reconsider denial of the motion to reinstate, all of which were denied. 

Judge(s):
Federman, Schermer, Saladino

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