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IN RE BABB

BAP No. 10-6062.

440 B.R. 523 (2010)

In re Wayne Eugene BABB, Debtor. American National Bank, Plaintiff-Appellee, v. Wayne Eugene Babb, Defendant-Appellant.

United States Bankruptcy Appellate Panel for the Eighth Circuit.

Decided: December 9, 2010.

Attorney(s) appearing for the Case

The appellant, Wayne E. Babb, Alvin, TX, was not represented by counsel.

Wil L. Forker, Sioux City, IA, for appellee.

Before KRESSEL, Chief Judge, SCHERMER and FEDERMAN, Bankruptcy Judges.

KRESSEL, Chief Judge.

Eugene Babb appeals from an order of the bankruptcy court1 entered on July 19, 2010 denying his Rule 60(b) motion for relief from the judgment entered on September 3, 2009. We affirm.

Standard of Review

"It is within the trial court's discretion to determine whether the Rule 60(b)(3) test has been met, and on review the only inquiry is whether there has...

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