Federal Land Bank of Saint Paul v. BurkCivil No. 890194

Levine, Justice.

Willard and Celia Burk appeal from a district court order dismissing with prejudice a foreclosure action instituted against them by the Federal Land Bank of Saint Paul, and from an order denying their motion to vacate that dismissal. The Bank sought the dismissal after the bankruptcy court confirmed the Burks' plan for payment to creditors under Chapter 12 of the Bankruptcy Code. The Burks assert on appeal that the district court abused its discretion in dismissing the foreclosure action. We affirm under Rule 35.1(a)(4), N.D.R.App.P.

Beryl J. Levine
Vernon R. Pederson, S.J.
Herbert L. Meschke
Gerald W. VandeWalle
Ralph J. Erickstad, C.J.

Pederson, S. J., sitting in place of Gierke, J., disqualified.