[Go to Docket] | Filed July 3, 1990 |
Federal Land Bank of St. Paul, a body corporate, Plaintiff and Appellee
v.
David J. Gross, a.k.a. David Gross, Defendant and Appellant
Engelbert Gross; Sabina Gross; United States of America, acting through the Farmers Home Administration; Bismarck State Bank; Farmers Union Grain; United Accounts, Inc.; Farmers Union Oil; Raleigh Grain; Avco Financial Services; Production Credit Association; and Dakota Well Drilling, Defendants
Civil No. 900114
Appeal from the District Court for Grant County, South Central Judicial District, the Honorable William F. Hodny, Judge.
AFFIRMED.
Opinion of the Court by VandeWalle, Justice.
Sean O. Smith of Tschider and Smith, Bismarck, for plaintiff and appellee.
Brief by David J. Gross, Shields, pro se. Appearance by Engelbert Gross and Sabina Gross.
Federal Land Bank of St. Paul v. Gross
VandeWalle, Justice.
David Gross appealed from an order of the district court which denied his Rule 60(b), NDRCivP, motion to set aside the sale of his mortgaged property which had been sold pursuant to a judgment of foreclosure obtained by Federal Land Bank of St. Paul (FLB). Gross claimed that the United States Bankruptcy Court improperly granted FLB relief from the automatic stay of his Chapter 12 bankruptcy proceeding. Gross also argued that FLB failed, procedurally and substantively, to provide him with the opportunity to restructure his loan under the provisions of the Agricultural Credit Act of 1987.
In First National Bank of Milnor v. Yagow, 415 N.W.2d 807 (N.D. 1987), we observed that North Dakota courts are, generally, bound by the proceedings of federal bankruptcy courts, and concluded that this Court lacked the power to review the decisions of those courts. A review of the record reveals that the trial court did not abuse its discretion in denying Gross' Rule 60(b) motion. Accordingly, we affirm pursuant to Rule 35.1(a)(4) of the North Dakota Rules of Appellate Procedure.
Gerald W. VandeWalle
Vernon R. Pederson, S.J.
Beryl J. Levine
Herbert L. Meschke
Ralph J. Erickstad, C.J.
Pederson, Surrogate Judge, sitting in place of Gierke, J., disqualified.