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Opinion 239

Case Name: 

Merrill v. Allen (In re Universal Clearing House Co.)

Judge: 
U.S. District Court, Utah
Date: 
Sep-11-1987
Case Number(s): 
82PA-0253
Status: 

APPEAL
Unpublished
See 157.pdf and 185.pdf

Body: 

The bankruptcy court granted summary judgment to trustee on his claims that commission payments made by Ponzi scheme debtor to its salespeople were fraudulent conveyances. Nine salespeople appealed that ruling, and the district court reversed the judgment against them and remanded for factual determination of whether they had given value for their commission payments. One defendant, who had not appealed, filed a motion to set aside the judgment against him in the bankruptcy court, pursuant to Fed. R. Civ. P. 60(b) and Bankruptcy Rule 9024, after the district court's ruling. The bankruptcy court denied that motion, and defendant appealed. On appeal, the district court ruled that the bankruptcy court had not abused its discretion by denying defendant's Rule 60(b) motion, notwithstanding defendant's claim that he did not appeal the final order because he could not afford to hire a lawyer, since such a motion is not intended to provide a substitute for appeal.

Internal Ref: 
Opinion 239
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