1:04-bk-15395•Robert B. Pawley and Francine I. Pawley
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UNITED STATES BANKRUPTCY COURT DISTRICT OF NEW MEXICO PACER Cover Sheet for Electronically Filed Documents Any data shown here are current as of . Any element of information on this form, except the received date, is subject to change as changes may be made to the Court's official docket. Case Title: Case Number: Document Information Description: Date Filed: Date Entered On Docket: Filer Information Submitted By: If this form is attached to the document identified above, it serves as an endorsed copy of the document as it existed on the above date. To confirm that nothing has changed since then, review the docket. 06/10/06 Robert B. Pawley and Francine I. Pawley 04-15395 Order Denying [45-1] Motion For Relief From Order Confirming the Plan by T.I.E., Inc. . Received on: 2006-05-25 08:51:18.000 2006-05-25 00:00:00.000 2006-05-25 00:00:00.000 James Burke Case 04-15395-s13 Doc 51 Filed 05/25/06 Entered 05/25/06 14:51:00 Page 1 of 3
1Rule 60(b) provides, in relevant part: On motion and upon such terms as are just, the court may relieve a party or a party's legal representative from a final judgment, order, or proceeding for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect; ... or (6) any other reason justifying relief from the operation of the judgment. 2Section 1330(a) provides: On request of a party in interest at any time within 180 days of the entry of an order of confirmation under section 1325 of this title, and after notice and a hearing, the court may revoke such order if such order was procured by fraud. UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF NEW MEXICO In re: Robert B. Pawley and Francine I. Pawley, Debtors. No. 13 - 04-15395 - SA ORDER DENYING MOTION FOR RELIEF FROM ORDER (doc 45) This matter came before the Court for hearing on creditor T.I.E., Inc.’s (“Creditor”) Motion for Relief from Order (doc 45) and the Debtors’ response thereto (doc 46). Creditor seeks relief from the Order of Confirmation in this case under Fed.R.Civ.P. 60(b)(1) and/or (6) 1 , incorporated by Fed.R.Bankr.P. 9024. This is a core proceeding. 28 U.S.C. § 157(b)(2)(L). Creditor’s Motion must be denied. Bankruptcy Code Section 1330(a) 2 is the exclusive way to revoke an order of confirmation for a Chapter 13 plan, and one element required is fraud. Mason v. Young (In re Young), 237 B.R. 791, 803 (10 th Cir. B.A.P. 1999); Branchburg Plaza Assoc., L.P. v. Fesq (In re Fesq), 153 Case 04-15395-s13 Doc 51 Filed 05/25/06 Entered 05/25/06 14:51:00 Page 2 of 3
F.3d 113, 120 (3 rd Cir. 1998). Creditor does not allege fraud in this case, so the motion will be denied. IT IS ORDERED that T.I.E., Inc.’s Motion for Relief from Order (doc 45) is denied. Honorable James S. Starzynski United States Bankruptcy Judge I hereby certify that on May 25, 2006, a true and correct copy of the foregoing was electronically transmitted, faxed, delivered, or mailed to the listed counsel and/or parties. Ronald E Holmes 112 Edith Blvd NE Albuquerque, NM 87102-3524 J Kevin Kiser 51 Jemez Dam Rd Ste 201F Bernalillo, NM 87004-5986 Kelley L. Skehen 625 Silver Avenue SW Suite 350 Albuquerque, NM 87102-3111 Case 04-15395-s13 Doc 51 Filed 05/25/06 Entered 05/25/06 14:51:00 Page 3 of 3
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