Robert B. Pawley and Francine I. Pawley

UNITED STATES BANKRUPTCY COURT
DISTRICT OF NEW MEXICO
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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