In Re Earl E. Bigalk, Debtor. Earl E. Bigalk v. Fed. Land Bank of St. Paul & Fed. Land Bank Assoc. Of Rochester, 813 F.2d 189 (8th Cir. 1987). · Go Syfert
In Re Earl E. Bigalk, Debtor. Earl E. Bigalk v. Fed. Land Bank of St. Paul & Fed. Land Bank Assoc. Of Rochester, 813 F.2d 189 (8th Cir. 1987). Cases Citing This Book View Copy Cite
24 citation events (8 in the last 25 years) across 14 distinct courts.
Strongest positive: In Re Bates (alnb, 1999-07-13)
Treatment trajectory · 1989 → 2026 · click a year to view as-of
1989 2007 2026
Top citers, strongest first. 10 distinct citers. How cited ↗
discussed Cited as authority (rule) In Re Bates
Bankr. N.D. Ala. · 1999 · confidence medium
E.g., In re Bigalk, 813 F.2d 189, 190 (8th Cir.1987); In re Tooke, 133 B.R. 661, 663 (Bankr.M.D.Fla.1991); In re Denson, 56 B.R. 543, 546 (Bankr.N.D.Ala.1986); In re Keziah, 46 B.R. 551, 554 (Bankr.W.D.N.C.1985).
discussed Cited as authority (rule) Chrysler Financial Corp. v. Dickerson (In Re Dickerson)
W.D. Tenn. · 1997 · confidence medium
E.g., In re Bigalk, 813 F.2d 189, 190 (8th Cir.1987); In re Tooke, 133 B.R. 661, 663 (Bankr.M.D.Fla. 1991); In re Denson, 56 B.R. 543, 546 (Bankr.N.D.Ala.1986); In re Keziah, 46 B.R. 551, 554 (Bankr.W.D.N.C.1985).
discussed Cited as authority (rule) Matter of Ulmer
5th Cir. · 1994 · confidence medium
See, e.g., Fulton Fed'l Sav. & Loan v. Milton (In re Milton), 82 B.R. 637, 640 (Bankr.S.D.Ga.1988); In re Patton, 49 B.R. 587, 589 (Bankr.M.D.Ga.1985) 10 See, e.g., In re Bigalk, 813 F.2d 189, 190 (8th Cir.1987); In re Denson, 56 B.R. 543, 545-46 (Bankr.N.D.Ala.1986); Smith v. First Fed.
discussed Cited as authority (rule) Tooke v. SUNSHINE TRUST MORTG. TRUST NO. 86-225
M.D. Fla. · 1992 · confidence medium
In re Bigalk, 813 F.2d 189, 190 (8th Cir.1987) (The court did not address the issue of mandatory application of the section; however, three times the debtors filed Chapter 13 on “the eve” of a scheduled foreclosure sale after the previous filing had been voluntarily dismissed following a request for relief from the automatic stay.
cited Cited "see" GARY WARD ATKINSON
Bankr. D. Minn. · 2022 · signal: accord · confidence high
Accord Bigalk, 813 F.2d at 190 ; In re La Granja 240, L.P., 636 B.R. 801 , 804 (Bankr.
discussed Cited "see" In Re Roland
Bankr. E.D. Mo. · 1997 · signal: see · confidence high
See In re Bigalk, 813 F.2d 189 (8th Cir.1987) (per curiam); In re Andersson, 209 B.R. 76 (6th Cir. BAP 1997); In re Dickerson, 209 B.R. 703 (D.Tenn.1997); In re Jarboe, 177 B.R. 242 (Bankr.D.Md.1995); In re Gregory, 110 B.R. 911 (Bankr.E.D.Mo.1989).
cited Cited "see" In Re Hamm
Bankr. E.D. Mo. · 1993 · signal: see · confidence high
See In re Bigalk, 813 F.2d 189 (8th Cir.1987); In re Gregory, 110 B.R. 911 *140 (Bankr.E.D.Mo.1989); In re Welling, 102 B.R. 720 (Bankr.S.D.Iowa 1989).
cited Cited "see" In Re Gregory
Bankr. E.D. Mo. · 1989 · signal: see · confidence high
See In re Bigalk, 813 F.2d 189 (8th Cir.1987).
discussed Cited "see, e.g." La Granja 240, L.P.
Bankr. C.D. Cal. · 2022 · signal: see also · confidence low
W.D.Wis. 2021) (“The Court declines to apply the discretionary approach because it is not supported by the plain language of the statute or any other cannon of 5 statutory construction.”); see also, In re Bigalk, 813 F.2d 189 (8th Cir. 1987) (section 109(g)(2) applies when debtors file repetitive bankruptcy cases to forestall foreclosure sales); Leafty v. 6 Aussie Sonoran Capital, LLC (In re Leafty), 479 B.R. 545 (9th Cir. BAP 2012) (affirming dismissal under section 109(g)(2) in a typical case in which a debtor sought to dismiss her first bankruptcy 7 case the morning of a foreclosure sal…
cited Cited "see, e.g." Moran v. Frisard (In re Ulmer)
5th Cir. · 1994 · signal: see, e.g. · confidence medium
See, e.g., In re Bigalk, 813 F.2d 189, 190 (8th Cir.1987); In re Denson, 56 B.R. 543, 545-46 (Bankr.N.D.Ala.1986); Smith v. First Fed.
Retrieving the full opinion text from the archive…
In Re Earl E. BIGALK, Debtor. Earl E. BIGALK, Appellant,
v.
FEDERAL LAND BANK OF ST. PAUL and Federal Land Bank Assoc. of Rochester, Appellees
86-5380.
Court of Appeals for the Eighth Circuit.
Mar 9, 1987.
813 F.2d 189
Briefs of the appellant and appellee were not filed.
McMillian, Gibson, Wollman.
Cited by 19 opinions  |  Published
[*190] PER CURIAM.

Earl E. Bigalk appeals pro se from the district court’s [1] affirmance of the bankruptcy court’s dismissal of his bankruptcy petition under Chapter 13 of Title 11 of the United States Code. We affirm.

I. BACKGROUND

Prior to the bankruptcy court’s decision in this case, the Federal Land Bank (Bank) had been thwarted in its attempts to foreclose on real property owned by Earl and Arlene Bigalk. As the date of the foreclosure sale became imminent, appellant or his wife would file a Chapter 13 petition in bankruptcy, which they would later dismiss voluntarily. They did this on three separate occasions prior to the petition which is the basis of this appeal. In re Earl Bigalk (Bigalk I), Bankruptcy No. 4-85-355 (filed Mar. 1, 1985, three days prior to scheduled sale); In re Arlene Bigalk (Bigalk II), Bankruptcy No. 4-85-1797 (filed Sept. 9, 1985, three days prior to scheduled sale); In re Earl Bigalk (Bigalk III), Bankruptcy No. 3-86-152 (filed Jan. 21, 1986, two days prior to scheduled sale). On each occasion, the debtor voluntarily dismissed the petition after the Bank had filed a motion for relief from the stay under 11 U.S.C. § 362.

On the third occasion, Bigalk III, the petition was voluntarily dismissed on May 8, 1986. The Bank rescheduled the foreclosure proceedings for June 5, 1986. On the morning of June 5, 1986, within two hours of the scheduled foreclosure sales, Arlene Bigalk filed a petition under Chapter 13 for Earl. The Bank immediately filed motions for an expedited hearing and for reduced time for notice, as well as motions to dismiss the debtor’s petition and for relief from the automatic stay. The motions were served personally on Arlene Bigalk. The bankruptcy court agreed to hear the motions immediately, and then dismissed the petition as filed in bad faith.

II. ANALYSIS

In 1984, Congress addressed abuse of the bankruptcy process by enacting what is now 11 U.S.C. § 109(f) (1985 Supplement), which states in pertinent part:

(f) Notwithstanding any other provision of this section, no individual may be a debtor under this title who has been a debtor in a case pending under this title at any time in the preceding 180 days if—
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(2) the debtor requested and obtained the voluntary dismissal of the case following the filing of a request for relief from the automatic stay provided by section 362 of this title.

In addressing the effect of dismissal, the Bankruptcy Code states:

(a) Unless the court, for cause, orders otherwise, the dismissal of a case under this title does not bar the discharge, in a later case under this title, of debts that were dischargeable in the case dismissed; nor does the dismissal of a case under this title prejudice the debtor with regard to the filing of a subsequent petition under this title, except as provided in section 109(f) of this title.

11 U.S.C. § 349(a) (1985 Supplement) (emphasis added). The language of sections 109(f) and 349(a) is clear. Because it was submitted within 180 days of the voluntary dismissal of the January 21, 1986, Chapter 13 petition, Bigalk’s June 5, 1986, petition should not have been accepted for filing, and the bankruptcy court properly dismissed it.

The district court’s order is affirmed.

1

. The Honorable James M. Rosenbaum, United States District Judge for the District of Minnesota.