Federal 7th Circuit Court
Civil Court
Bankruptcy
Bankruptcy Ct. did not err in denying motion by owners of debtor-corporation to set aside prior grant of bankruptcy petition and sale of golf course on claim that former shareholder in corporation had committed fraud when signing bankruptcy petition involving corporation and forcing emergency sale of golf course. Instant motion was untimely as: (1) it was filed more than one year after entry of order approving bankruptcy petition and sale of golf course; and (2) alleged fraud (i.e. perjury by witness) did not meet definition of "fraud on the court", so as to constitute exception to one-year rule. Fact that alleged fraud involving accusation of perjury committed by attorney did not require different result where attorney was not acting in role of attorney at time of alleged perjury.