In re: MILIVOJ MARINKOVIC, Chapter 11, Debtor.

No. 4:02-bk-00378-JMM.United States Bankruptcy Court, D. Arizona.
March 17, 2009

MEMORANDUM DECISION
JAMES MARLAR, Bankruptcy Judge

This court has before it a motion (Dkt. #481), filed by Mel M. Marin, which asks this court to set aside “Orders of August 2 and 29, 2002.”

The exhibits filed with the motion only have two orders attached thereto, neither bearing the dates of August 2 or August 29, 2002. The orders attached as exhibits are:

Exhibit A: Order granting summary judgment and dismissing case, entered
by the U.S. District Court (Arizona) in Case No. 01-50-TUC-
RCC, docketed August 8, 2001.

Exhibit K: Order dismissing chapter 11 case, entered in bankruptcy Case
No. 01-66282 (SDG) in the U.S. Bankruptcy Court, Northern
District of New York, docketed January 31, 2002.

These are final orders. This court may not consider collateral attacks thereon, and indeed, has no core authority to do so. Mr. Marin must take this dispute back before the courts which entered the orders, should he seek to set aside those orders. This court cannot do so.

Page 2

More importantly, though, is that this court’s retained jurisdiction, once a reorganization plan has been confirmed, is limited solely to those matters over which it has retained jurisdiction. The consideration of the matters now before the court do not fall into that narrow category.

Accordingly, the motion of Mel Marin will be DENIED.

Notice Recipients

District/Off: 0970-4 User: rogneyj Date Created: 3/17/2009

Case: 4:02-bk-00378-JMM Form ID: pdf008 Total: 8

Recipients of Notice of Electronic Filing:

cr U.S. TRUSTEE USTPRegion14.PX.ECF@USDOJ.GOV

aty ROB CHARLES rcharles@lrlaw.com

aty SCOTT H. GAN ecfbk@mcrazlaw.com

TOTAL: 3

Recipients submitted to the BNC (Bankruptcy Noticing Center):

db MILIVOJ MARINKOVIC 808 OSWEGO ST. UTICA, NY 13502

tr RANDALL P SANDERS RANDALL P SANDERS CO 33 N STONE AVE STE 1905 TUCSON,

AZ 85701

cr MEL M. MARIN BOX 25563 LOS ANGELES, CA 90025

ust U.S. TRUSTEE OFFICE OF THE U.S. TRUSTEE 230 NORTH FIRST AVENUE SUITE
204 PHOENIX, AZ 85003

THOMAS AGUILERA 105 E SPEEDWAY BLVD TUCSON, AZ 85705

TOTAL: 5