FEDERMAN, Bankruptcy Judge.
Scott Emmet Leiferman appeals from the Order of the Bankruptcy Court
striking his answer as a sanction for discovery abuses, entering default judgment against him and in favor of Plaintiff Harmon Auto-Glass Intellectual Property, LLC in the amount of $3,723,095.50, and finding such debt to be nondischargeable under 11 U.S.C. § 523(a)(2)(B). For the reasons that follow, we AFFIRM.
FACTUAL BACKGROUND
In October 2003, Lieferman, as president of Lieferman Enterprises, contracted with Harmon AutoGlass Intellectual Property, LLC (“HAIP”) to purchase certain assets for the operation of glass repair shops. On August 20, 2007, HAIP obtained a state court judgment against Lief-erman and Lieferman Enterprises in the amount of $3,723,095.50, relating to that contract. On October 3, 2008, Leiferman filed a Chapter 7 bankruptcy petition, seeking to discharge debts, including the judgment debt to HAIP. On January 6, 2009, HAIP filed a six-count adversary complaint against Lieferman, alleging,
inter alici)
that its judgment debt be declared nondischargeable under 11 U.S.C. § 523(a)(2)(B). In essence, as relevant here, HAIP asserted that Leiferman falsely represented on a financial statement given in connection with the asset purchase that he had $1 million in cash at the time the statement was given. Over the course of the following year, HAIP tried repeatedly to obtain discovery from Leif-erman, but Leiferman refused to cooperate, being especially non-responsive to questions about his assets at the time he gave HAIP the financial statement. On December 29, 2009, the Bankruptcy Court entered an Order striking Lieferman’s answer as a sanction for the discovery abuses. The Court subsequently entered Judgment in favor of HAIP, finding the debt to be nondischargeable under § 523(a)(2)(B). Lieferman appeals.
STANDARD OF REVIEW
We review the Bankruptcy Court’s legal conclusions
de novo
and its findings of fact for clear error.
We review the Bankruptcy Court’s judgment en
tered as a consequence of Lieferman’s failure to comply with a court order for abuse of discretion.
SANCTIONS PURSUANT TO RULE 37
Pursuant to Federal Rule of Civil Procedure 37, made applicable to this proceeding by Federal Rule of Bankruptcy Procedure 7037, a party who fails to obey an order to provide or permit discovery may be subject to a default judgment against him.
Specifically, Rule 37(b)(2)(A) provides in pertinent part:
(2) Sanctions in the District Where the Action is Pending.
(A)
For Not Obeying a Discovery Order.
If a party or a party’s officer, director, or managing agent — or a witness designated under Rule 30(b)(6) or 31(a)(4) — -fails to obey an order to provide or permit discovery, including an order under Rule 26(f), 35, or 37(a), the court where the action is pending may issue further just orders. They may include the following:
(i) directing that the matters embraced in the order or other designated facts be taken as established for purposes of the action, as the prevailing party claims;
(ii) prohibiting the disobedient party from supporting or opposing designated claims or defenses, or from introducing designated matters in evidence;
(iii) striking pleadings in whole or in part;
(iv) staying further proceedings until the order is obeyed;
(v) dismissing the action or proceeding in whole or in part;
(vi)
rendering a default judgment against the disobedient party;
or
(vii) treating as contempt of court the failure to obey any order except an order to submit to a physical or mental examination.
The Bankruptcy Court correctly stated the standard for issuing sanctions for discovery abuses under this Rule:
A court should resort to the sanction of dismissal only “when the ‘failure to comply has been due to ... willfulness, bad faith, or any fault of petitioner.’ ”
Edgar v. Slaughter,
548 F.2d 770, 772 (8th Cir.1977)
(quoting Societe Internationale v. Rogers,
357 U.S. 197, 78 S.Ct. 1087, 2 L.Ed.2d 1255 (1958)). Generally, in order to enter a default judgment against a recalcitrant party under Rule 37, the court must find that “ ‘there is: (1) an order compelling discovery; (2) a willful violation of that order; and (3) prejudice to the other party.’ ”
Everyday Learning Corp. v. Larson,
242 F.3d 815, 817 (8th Cir.2001)
(quoting Keefer v. Provident Life & Accident Ins. Co.,
238 F.3d 937, 940 (8th Cir.2000));
see also In re O’Brien,
351 F.3d 832, 836 (8th Cir.2003) (“a court may find willful disobedience sufficient to support dismissal when a party employs stall tactics and disregards court orders.”). The court’s “discretion is bounded by the requirement of Rule 37(b)(2) that the sanction be ‘just’ and relate to the claim at issue in the order to provide discovery.”
Hairston v. Alert Safety Light Prod., Inc.,
307 F.3d 717, 719 (8th Cir.2002)
(quoting Avionic Co. v. General Dynamics Corp.,
957 F.2d 555, 558 (8th Cir.1992)).
On appeal, Leiferman points out that he was representing himself
pro se
in the adversary proceeding, and asserts that he essentially did everything within his power to comply with all discovery requests and court orders. To the contrary, however, the Bankruptcy Court set out in detail numerous examples of Leiferman’s lack of cooperation in discovery over the nearly one-year period while the case was pending.
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FEDERMAN, Bankruptcy Judge.
Scott Emmet Leiferman appeals from the Order of the Bankruptcy Court
striking his answer as a sanction for discovery abuses, entering default judgment against him and in favor of Plaintiff Harmon Auto-Glass Intellectual Property, LLC in the amount of $3,723,095.50, and finding such debt to be nondischargeable under 11 U.S.C. § 523(a)(2)(B). For the reasons that follow, we AFFIRM.
FACTUAL BACKGROUND
In October 2003, Lieferman, as president of Lieferman Enterprises, contracted with Harmon AutoGlass Intellectual Property, LLC (“HAIP”) to purchase certain assets for the operation of glass repair shops. On August 20, 2007, HAIP obtained a state court judgment against Lief-erman and Lieferman Enterprises in the amount of $3,723,095.50, relating to that contract. On October 3, 2008, Leiferman filed a Chapter 7 bankruptcy petition, seeking to discharge debts, including the judgment debt to HAIP. On January 6, 2009, HAIP filed a six-count adversary complaint against Lieferman, alleging,
inter alici)
that its judgment debt be declared nondischargeable under 11 U.S.C. § 523(a)(2)(B). In essence, as relevant here, HAIP asserted that Leiferman falsely represented on a financial statement given in connection with the asset purchase that he had $1 million in cash at the time the statement was given. Over the course of the following year, HAIP tried repeatedly to obtain discovery from Leif-erman, but Leiferman refused to cooperate, being especially non-responsive to questions about his assets at the time he gave HAIP the financial statement. On December 29, 2009, the Bankruptcy Court entered an Order striking Lieferman’s answer as a sanction for the discovery abuses. The Court subsequently entered Judgment in favor of HAIP, finding the debt to be nondischargeable under § 523(a)(2)(B). Lieferman appeals.
STANDARD OF REVIEW
We review the Bankruptcy Court’s legal conclusions
de novo
and its findings of fact for clear error.
We review the Bankruptcy Court’s judgment en
tered as a consequence of Lieferman’s failure to comply with a court order for abuse of discretion.
SANCTIONS PURSUANT TO RULE 37
Pursuant to Federal Rule of Civil Procedure 37, made applicable to this proceeding by Federal Rule of Bankruptcy Procedure 7037, a party who fails to obey an order to provide or permit discovery may be subject to a default judgment against him.
Specifically, Rule 37(b)(2)(A) provides in pertinent part:
(2) Sanctions in the District Where the Action is Pending.
(A)
For Not Obeying a Discovery Order.
If a party or a party’s officer, director, or managing agent — or a witness designated under Rule 30(b)(6) or 31(a)(4) — -fails to obey an order to provide or permit discovery, including an order under Rule 26(f), 35, or 37(a), the court where the action is pending may issue further just orders. They may include the following:
(i) directing that the matters embraced in the order or other designated facts be taken as established for purposes of the action, as the prevailing party claims;
(ii) prohibiting the disobedient party from supporting or opposing designated claims or defenses, or from introducing designated matters in evidence;
(iii) striking pleadings in whole or in part;
(iv) staying further proceedings until the order is obeyed;
(v) dismissing the action or proceeding in whole or in part;
(vi)
rendering a default judgment against the disobedient party;
or
(vii) treating as contempt of court the failure to obey any order except an order to submit to a physical or mental examination.
The Bankruptcy Court correctly stated the standard for issuing sanctions for discovery abuses under this Rule:
A court should resort to the sanction of dismissal only “when the ‘failure to comply has been due to ... willfulness, bad faith, or any fault of petitioner.’ ”
Edgar v. Slaughter,
548 F.2d 770, 772 (8th Cir.1977)
(quoting Societe Internationale v. Rogers,
357 U.S. 197, 78 S.Ct. 1087, 2 L.Ed.2d 1255 (1958)). Generally, in order to enter a default judgment against a recalcitrant party under Rule 37, the court must find that “ ‘there is: (1) an order compelling discovery; (2) a willful violation of that order; and (3) prejudice to the other party.’ ”
Everyday Learning Corp. v. Larson,
242 F.3d 815, 817 (8th Cir.2001)
(quoting Keefer v. Provident Life & Accident Ins. Co.,
238 F.3d 937, 940 (8th Cir.2000));
see also In re O’Brien,
351 F.3d 832, 836 (8th Cir.2003) (“a court may find willful disobedience sufficient to support dismissal when a party employs stall tactics and disregards court orders.”). The court’s “discretion is bounded by the requirement of Rule 37(b)(2) that the sanction be ‘just’ and relate to the claim at issue in the order to provide discovery.”
Hairston v. Alert Safety Light Prod., Inc.,
307 F.3d 717, 719 (8th Cir.2002)
(quoting Avionic Co. v. General Dynamics Corp.,
957 F.2d 555, 558 (8th Cir.1992)).
On appeal, Leiferman points out that he was representing himself
pro se
in the adversary proceeding, and asserts that he essentially did everything within his power to comply with all discovery requests and court orders. To the contrary, however, the Bankruptcy Court set out in detail numerous examples of Leiferman’s lack of cooperation in discovery over the nearly one-year period while the case was pending. The Court expressly and repeatedly advised Leiferman that his lack of cooperation could lead to sanctions, including striking his pleadings and rendering a default judgment against him.
Nevertheless, despite the Court’s numerous extensions of time, postponements of trial, and express warnings, Leiferman never meaningfully complied with the discovery requests and court orders. The Court acknowledged that Leiferman was representing himself
pro se,
but correctly pointed out that
pro se
parties are required to follow the rules.
The record amply supports the Bankruptcy Court’s findings (i) that it entered orders compelling discovery; (ii) that Leif-erman willfully violated those orders, and (iii) that HAIP was prejudiced as a result. The record also supports the Court’s findings that Leiferman’s conduct in avoiding discovery was in bad faith and, therefore, that the sanction awarded was “just” and appropriate under the circumstances.
As a result, the Bankruptcy Court did not abuse its discretion in striking Leiferman’s answer and entering default judgment against him. The judgment is, therefore, AFFIRMED.