Paulson v. Wein (In re Paulson)

Citation:
Case No 12-6029 (8th Cir. BAP Sept. 2012)
Tag(s):
Ruling:
AFFIRMING the lower Court's ruling that denied the debtor, Paulson, a new trial and dismissed his chapter 13 case.
Procedural context:
Debtor, Paulson, appeals from an order dismissing his chapter 13 and denying his motion for a new trial. After filing for bankruptcy, debtor filed a motion for declaratory judgment based on extrajudicial judgments issued by his self-appointed jury, who issued a judgment with punitive damages against the creditors for fraud. The judge promptly denied the motion and the debtor then commenced a series of adversary proceedings against creditors, People's State Bank and Sunflour Railroad ("Creditors"). Both adversary proceedings were also dismissed due to the veracity of the final state court judgments. Prior to the confirmation hearing, the judge provided an opportunity to convert the case to chapter 7, which debtor did not complete. Thereafter, the Bankruptcy Court dismissed the case.
Facts:
Prior to the filing, Creditor, People's State Bank, obtained a money judgment against the debtor and was also awarded right to possession of its collateral. After the judgment was entered, debtor convened a group of individuals to hear his cases against both creditors as an extrajudicial jury. Thereafter, in August of 2011, Debtor filed a voluntary petition for relief under Chapter 13. Creditor, Sunflour Railroad, filed a claim for approximately $24k in debtor's case. Debtor filed motions and adversary proceedings in the bankruptcy case in an attempt to dismiss creditors claims and declare validity of the extrajudicial judgments. The court denied and dismissed those motions. Further, the Chapter 13 Trustee also filed a motion to dismiss the case on the grounds that the debtor was unable to propose a confirmable plan and the debtor was causing unreasonable delay. At the confirmation hearing, the Court dismissed debtor's chapter 13 case.
Judge(s):
Schermer, Federman and Saladino.

ABI Membership is required to access the full summary. Please Sign In using your ABI Member credentials. Not a Member yet? Join ABI now - it is absolutely worth it!

About us in numbers

3615 in the system

3500 Summarized

0 Being Processed