Nichols
Nichols v. Whipple
Opinion
lead Opinion
MEMORANDUM ***
Robert and Mary Ann Nichols appeal from a judgment of the Ninth Circuit Bankruptcy Appellate Panel affirming the bankruptcy court’s partial denial of the Nichols’ motion for relief from judgment under Federal Rule of Civil Procedure 60(b)(5). We also affirm, although on grounds different than those stated by the BAP.
*514 The Nichols contend they are entitled to relief from the bankruptcy court’s judgment of nondischargeability under the third clause of Rule 60(b)(5), which authorizes a court to grant relief from judgment when “it is no longer equitable that the judgment should have prospective application.” Id. But their request that the nondischargeability judgment be reduced by half is beyond the scope of that rule. The judgment of nondischargeability entered against the Nichols has no “prospective application” within the meaning of the rule; their request to reduce the judgment by half is not based on any subsequent and unanticipated change in factual conditions or in the law; and the rule does not permit review of issues that should have been raised on direct appeal from the original judgment. See Rufo v. Inmates of Suffolk County Jail, 502 U.S. 367, 383-84 ,…