Bank Of Montreal v. Olafsson,

648 F.2d 1078, cert. denied, 454 U.S. 1084 (6th Cir. 1981)

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Nature of the Case

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Facts

P was a Canadian corporation, and D was a citizen of Iceland. P sued D to recovery $34,572 due on a promissory note and overdraft. The District Court granted a default judgment and P filed liens on Michigan property held in D's wife's name, and the property was sold. D moved the set the judgment aside in that he was never served and that he had declared bankruptcy in Canada and under Canadian law, it was illegal to pursue claims while bankruptcy was pending and that there was no diversity. The trial court found for D on the no diversity issue and concluded under Rule 60(b)(4 or 6) that the judgment should be vacated because it was entered in excess of the power of the court. D set aside the sales and vacated the judgment. P appealed.