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PRODUCTION CREDIT ASS'N OF MINOT v. BURK

Civ. No. 880022.

427 N.W.2d 108 (1988)

PRODUCTION CREDIT ASSOCIATION OF MINOT, Plaintiff and Appellee, v. Willard BURK and Celia Burk, Defendants and Appellants.

Supreme Court of North Dakota.

July 21, 1988.

Attorney(s) appearing for the Case

Olson, Sturdevant & Burns, Minot, for plaintiff, appellee and movant; argued by Richard P. Olson.

Rosenberg & Espeseth, P.C., Bismarck, for defendants and appellants; argued by Ross H. Espeseth.

LEVINE, Justice.

Production Credit Association of Minot (PCA) moves to dismiss an appeal by Willard and Celia Burk from a district court judgment granting PCA foreclosure of a mortgage given by the Burks and dismissing the Burks' counterclaim for damages. We conclude that the automatic stay provisions of 11 U.S.C. § 362(a) do not toll the running of the time for filing a notice of appeal from a state court judgment after a bankruptcy petition has been filed and...

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