Hurt

MEMORANDUM **

This court independently reviews a bankruptcy court’s decision without deferring to the BAP’s decision. Owens-Corning Fiberglass Corp. v. Ctr. Wholesale, Inc. (In re Ctr. Wholesale), 759 F.2d 1440, 1445 (9th Cir.1985). We review a bankruptcy court’s decision on a Fed.R.Civ.P. 60(b) motion for abuse of discretion. In re Hammer, 940 F.2d 524, 525 (9th Cir.1991).

1. The bankruptcy court did not abuse its discretion in concluding that Appellants’ Fed.R.Civ.P. 60(b) motion was untimely. Rule 60(b)(3), which provides relief where a judgment or order was based on fraud, has a one-year limitations period, which Appellants far exceeded.

We reject Appellants’ contention that Rule 60(b)(6) is applicable. That provision cannot be used as a back-up for seeking relief that is otherwise available elsewhere in Rule 60(b). United States v. Alpine Land & Reservoir Co., 984 F.2d 1047, 1050 (9th Cir.1993). Here, Rule 60(b)(3), addressing fraud, is clearly applicable to Appellants’ allegations. Appellants dispute the applicability of Rule 60(b)(3), contending that the alleged perpetrator of the fraud is not “an adverse party” as to them because they were not parties to the original…