Is a bankruptcy court empowered to order bankruptcy relief under Rule 60(b)(6)?

MultiRegion, United States of America

The following excerpt is from Emergency Beacon Corp., Matter of, 666 F.2d 754 (2nd Cir. 1981):

The trustee contends that the bankruptcy court was empowered to act under Rule 60(b)(6). It is established, however, that relief under clause (6) is not available unless the asserted grounds for relief are not recognized in clauses (1)-(5). See United States v. Cirami, 563 F.2d 26, 32 (2d Cir.

Page 759

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