Federal Land Bank of Saint Paul v. Ziebarth

520 N.W.2d 51, 1994 N.D. LEXIS 159, 1994 WL 370933
CourtNorth Dakota Supreme Court
DecidedJuly 18, 1994
DocketCiv. 930276
StatusPublished
Cited by46 cases

This text of 520 N.W.2d 51 (Federal Land Bank of Saint Paul v. Ziebarth) is published on Counsel Stack Legal Research, covering North Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Federal Land Bank of Saint Paul v. Ziebarth, 520 N.W.2d 51, 1994 N.D. LEXIS 159, 1994 WL 370933 (N.D. 1994).

Opinions

MESCHKE, Justice.

Carol Ziebarth appeals from a supplemental judgment denying her motion to amend a prior judgment and assessing costs and attorney’s fees, and from an order imposing sanctions limiting her ability to further litigate the foreclosure of her property. We modify the order imposing sanctions and otherwise affirm.

Ziebarth and her husband defaulted on loans from the Federal Land Bank of St. Paul.1 In 1987, the Bank sued to foreclose on mortgages of real property securing those loans. Following a series of bankruptcy filings, dismissals, and appeals, we summarily affirmed judgment of foreclosure against Ziebarth in Farm Credit Bank of St. Paul v. Ziebarth, 458 N.W.2d 513. (N.D.1990). We then affirmed a judgment evicting Ziebarth from the property. Farm Credit Bank of St. Paul v. Ziebarth, 485 N.W.2d 788 (N.D.), cert. denied, — U.S.-, 113 S.Ct. 501, 121 L.Ed.2d 437 (1992). The long and tortuous history of this litigation, and related cases, is set out in greater detail in Ziebarth v. Farm Credit Bank of St. Paul, 494 N.W.2d 145 (N.D.1992). See also Binek v. Ziebarth, 456 N.W.2d 515 (N.D.1990). Ziebarth has continued to attempt to relitigate these matters in a variety of state and federal forums.

This appeal involves Ziebarth’s motion to amend the judgment of foreclosure, based upon claims that have been previously litigated. The Bank responded to the motion and requested an injunction restricting Ziebarth and her husband from further litigating questions previously decided about the land, the foreclosure, and the eviction. The trial court entered a supplemental judgment denying Ziebarth’s motion to amend the judgment, and entered an order imposing sanctions that prohibited Ziebarth and her husband from further litigating issues related to the land, the foreclosure, and the eviction without first receiving permission from the trial court and paying prior judgments assessing costs and attorney’s fees for frivolous litigation. Ziebarth appealed.

I. RELITIGATED ISSUES

Ziebarth again attempts to rehash issues that we have before decided adversely to her. One last time, we will for Ziebarth’s benefit reiterate these well-settled rules of law that are res judicata in- this case.

A. Foreign Corporation

We earlier rejected Ziebarth’s argument that the Bank was not entitled to maintain an action in state court because it was a “foreign corporation” required to register with the Secretary of State under NDCC 10-22-19. Farm Credit Bank of St. Paul v. Ziebarth, 485 N.W.2d at 792. We have consistently rejected that argument in a series of challenges to the Bank’s authority to sue in courts of this State. See, e.g., Farm Credit Bank of St. Paul v. Brakke, 483 N.W.2d 167, 169 (N.D.1992); Farm Credit Bank of St. Paul v. Rub, 481 N.W.2d 451, 457-458 (N.D.1992); Federal Land Bank of St. Paul v. Brakke, 447 N.W.2d 329, 330 (N.D.1989); Federal Land Bank of Saint Paul v. Anderson, 401 N.W.2d 709, 713 (N.D.1987); Federal Land Bank of Saint Paul v. Gefroh, 390 N.W.2d 46, 47 (N.D.1986). Furthermore, NDCC 10-22-03(2) exempts corporations engaged in banking or insurance from the registration requirements of NDCC 10-22-19. See Rott v. Jaeger, 510 N.W.2d 651, 653-654 (N.D.1994). The Bank was not required to register as a foreign corporation as a prerequisite to bringing the foreclosure action.

B. Homestead Exemption

Ziebarth asserts that Article XI, Section 22 of the North Dakota Constitution [54]*54prohibits the forced sale of a homestead to satisfy a mortgage. We have rejected this argument in a series of cases, including an earlier appeal by Ziebarth. See Lake Region Credit Union v. Crystal Pure Water, Inc., 502 N.W.2d 524, 526-527 (N.D.199B); Farm Credit Bank of St. Paul v. Ziebarth, 485 N.W.2d at 792; Farm Credit Bank of St. Paul v. Brakke, 483 N.W.2d at 169-170; Farm Credit Bank of St. Paul v. Rub, 481 N.W.2d at 459; State ex rel. Board of University and School Lands v. Bladow, 462 N.W.2d 453, 455 (N.D.1990); Farm Credit Bank of St. Paul v. Stedman, 449 N.W.2d 562, 565-566 (N.D.1989); Podoll v. Brady, 423 N.W.2d 151, 153 (N.D.1988); Federal Land Bank of Saint Paul v. Gefroh, 418 N.W.2d 602, 603-605 (N.D.1988). The foreclosure and sale of Ziebarth’s homestead was not unconstitutional.

C. Bankruptcy Stay

Ziebarth asserts that the district court was without jurisdiction to enter summary judgment in July 1989 because the action was stayed by Ziebarth’s pending appeal from dismissal of her bankruptcy filing. This question was raised in Ziebarth’s original appeal from the judgment of foreclosure that we summarily affirmed in 1990. See Farm Credit Bank of St. Paul v. Ziebarth, 458 N.W.2d 513 (N.D.1990). We will address this issue to finally put it to rest.

Although the record on this appeal does not include all of the relevant documents from Ziebarth’s bankruptcy, the procedural and chronological history of her bankruptcy case is outlined in Binek v. Ziebarth, 456 N.W.2d at 516-517. The Bank brought this foreclosure action in 1987. On January 13, 1988, Ziebarth filed a bankruptcy petition, and all further proceedings in this action were stayed pursuant to 11 U.S.C. § 362(a). Ziebarth’s bankruptcy petition was dismissed on April 5, 1989, and she appealed to federal district court. After the April 5 bankruptcy dismissal, the Bank served an amended summons and complaint in this action, and summary judgment was entered on July 12,1989. The next day, July 13, the bankruptcy court issued a stay pending Ziebarth’s appeal of the dismissal.

Ziebarth argues that the filing of the notice of appeal from dismissal of her bankruptcy petition continued the automatic stay under 11 U.S.C. § 362(a) and divested the state district court of jurisdiction over the foreclosure case. However, it is well settled that the automatic stay terminates upon dismissal of the bankruptcy petition [11 U.S.C. § 362(c)(2)(B) ], and is not automatically revived by the filing of a notice of appeal from the dismissal. See, e.g., In re March, 988 F.2d 498, 499 (4th Cir.1993); In re Lashley, 825 F.2d 362, 364 (11th Cir.1987); In re Regency Woods Apartments, Ltd., 686 F.2d 899, 902-903 (11th Cir.1982); In re Weston, 110 B.R. 452, 456-457 (E.D.Cal.1989); In re Weathersfield Farms, Inc., 34 B.R. 435, 439 (Bankr.D.Vt.1983); Olson v. Commissioner of Internal Revenue, 86 T.C. 1314, 1318, 1986 WL 22148 (1986). See also F.R.B.P.

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Bluebook (online)
520 N.W.2d 51, 1994 N.D. LEXIS 159, 1994 WL 370933, Counsel Stack Legal Research, https://law.counselstack.com/opinion/federal-land-bank-of-saint-paul-v-ziebarth-nd-1994.