In Re Roger Lynn Zimmerman, Debtor. Jane Doe v. Roger Lynn Zimmerman, 869 F.2d 1126 (8th Cir. 1989). · Go Syfert
In Re Roger Lynn Zimmerman, Debtor. Jane Doe v. Roger Lynn Zimmerman, 869 F.2d 1126 (8th Cir. 1989). Cases Citing This Book View Copy Cite
86 citation events (54 in the last 25 years) across 22 distinct courts.
Strongest positive: Ness v. Samson Resources (ndd, 2019-05-20)
Treatment trajectory · 1991 → 2026 · click a year to view as-of
1991 2008 2026
Top citers, strongest first. 43 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Ness v. Samson Resources
D.N.D. · 2019 · quote attribution · 1 verbatim quote · confidence high
rule 60(b)(6) is not a substitute for other legal remedies. such relief is to be granted only when exceptional circumstances prevented the moving party from seeking redress through the usual channels.
discussed Cited as authority (rule) Arick Marquette Johnson v. Dexter Payne
E.D. Ark. · 2026 · confidence medium
As it pertains to Rule 60(b)(6), the Eighth Circuit has provided the following guidance: Relief is available under Rule 60(b)(6) only where “exceptional circumstances prevented the moving party from seeking redress through the usual channels.” In re Zimmerman, 869 F.2d 1126, 1128 (8th Cir. 1989). . . .
cited Cited as authority (rule) Stephen Ward v. Harold Copenhaver, et al.
E.D. Ark. · 2025 · confidence medium
Power Dist., 999 F.2d 372, 374 (8th Cir. 1993); In re Zimmerman, 869 F.2d 1126, 1128 (8th Cir. 1989).
discussed Cited as authority (rule) Tehandon v. Penske Truck Leasing Co., LP
E.D. Mo. · 2025 · confidence medium
“Relief is available under Rule 60(b)(6) only where ‘exceptional circumstances prevented the moving party from seeking redress through the usual channels.’” Atkinson v. Prudential Property Co., Inc., 43 F.3d 367, 373 (8th Cir. 1994) (quoting In re Zimmerman, 869 F.2d 1126, 1128 (8th Cir. 1989)).
cited Cited as authority (rule) Reggie Huff v. Brookings Police Department
8th Cir. · 2024 · confidence medium
In re Zimmerman, 869 F.2d 1126, 1128 (8th Cir. 1989).
cited Cited as authority (rule) Celsius Network LLC
Bankr. S.D.N.Y. · 2024 · confidence medium
S.D.N.Y. 2011) and Doe v. Zimmerman (In re Zimmerman), 869 F.2d 1126, 1128 (8th Cir. 1989)).) 2.
discussed Cited as authority (rule) Clark v. Phelps County
E.D. Mo. · 2023 · confidence medium
“Relief is available under Rule 60(b)(6) only where ‘exceptional circumstances prevented the moving party from seeking redress through the usual channels.’” Atkinson v. Prudential Property Co., Inc., 43 F.3d 367, 373 (8th Cir. 1994) (quoting In re Zimmerman, 869 F.2d 1126, 1128 (8th Cir.1989)).
discussed Cited as authority (rule) U.S. Bank National Association v. Beck
E.D. Mo. · 2022 · confidence medium
“Relief is available under Rule 60(b)(6) only where ‘exceptional circumstances prevented the moving party from seeking redress through the usual channels.’” Atkinson v. Prudential Property Co., Inc., 43 F.3d 367, 373 (8th Cir. 1994), quoting In re Zimmerman, 869 F.2d 1126, 1128 (8th Cir.1989).
discussed Cited as authority (rule) Wortham v. Benton Police Department
E.D. Ark. · 2022 · confidence medium
In particular, as it pertains to Rule 60(b)(6), the Eighth Circuit has provided the following guidance: Relief is available under Rule 60(b)(6) only where “exceptional circumstances prevented the moving party from seeking redress through the usual channels.” In re Zimmerman, 869 F.2d 1126, 1128 (8th Cir. 1989). . . .
cited Cited as authority (rule) J.B. Hunt Transport, Inc. v. Zurich American Insurance Company
W.D. Ark. · 2020 · confidence medium
City of Duluth v. Fond du Lac Band of Lake Superior Chippewa, 702 F.3d 1147, 1155 (8th Cir. 2013) (quoting In re Zimmerman, 869 F.2d 1126, 1128 (8th Cir. 1989)).
discussed Cited as authority (rule) Hopman v. Union Pacific Railroad
E.D. Ark. · 2020 · confidence medium
In particular, as it pertains to Rule 60(b)(6), the Eighth Circuit has provided the following guidance: Relief is available under Rule 60(b)(6) only where “exceptional circumstances prevented the moving party from seeking redress through the usual channels.” In re Zimmerman, 869 F.2d 1126, 1128 (8th Cir. 1989). . . .
discussed Cited as authority (rule) Hollow Horn Bear v. Daugaard
D.S.D. · 2020 · confidence medium
Relief is available under Rule 60(b)(6) only where “exceptional circumstances prevented the moving party from seeking redress through the usual channels.” Atkinson v. Prudential Property Co., Inc., 43 F.3d 367, 373 (8th Cir. 1994) (citing In re Zimmerman, 869 F.2d 1126, 1128 (8th Cir. 1989)). “ ‘Exceptional circumstances’ are not present every time a party is subject to potentially unfavorable consequences as a result of an adverse judgment properly arrived at.
discussed Cited as authority (rule) Elliott v. Ocwen Loan Servicing, L.L.C.
D.S.D. · 2019 · confidence medium
Relief is available under Rule 60(b)(6) only where “exceptional circumstances prevented the moving party from seeking redress through the 7 usual channels.” Atkinson, 43 F.3d at 373 (citing In re Zimmerman, 869 F.2d 1126, 1128 (8th Cir. 1989)). “ ‘Exceptional circumstances’ are not present every time a party is subject to potentially unfavorable consequences as a result of an adverse judgment properly arrived at.
discussed Cited as authority (rule) Heritage Home for Funerals Inc. v. Heritage Cremation Provider, LLC (2×) also: Cited "see"
D.S.D. · 2019 · confidence medium
Rule 60(b)(6) “is not a substitute for other legal remedies.” In re Zimmerman, 869 F.2d 1126, 1128 (8th Cir. 1989).
cited Cited as authority (rule) Bissonette v. Dooley
D.S.D. · 2017 · confidence medium
“Rule 60(b)(6) does not give courts unlimited authority to fashion relief as they deem appropriate.” In re Zimmerman, 869 F.2d 1126, 1128 (8th Cir. 1989).
discussed Cited as authority (rule) Regional Multiple Listing Service of Minnesota, Inc. v. American Home Realty Network, Inc.
D. Minnesota · 2013 · confidence medium
STANDARD OF REVIEW Under Federal Rule of Civil Procedure 60(b)(6), a court “may relieve a party or its legal representative from a final judgment, order, or proceeding for ... any other reason that justifies relief.” Relief under Rule 60(b)(6) is an “extraordinary remedy” and “does not give courts unlimited authority to fashion relief as they deem appropriate,” nor is it a “substitute for other legal remedies.” In re Zimmerman, 869 F.2d 1126, 1128 (8th Cir.1989).
discussed Cited as authority (rule) City of Duluth v. Fond Du Lac Band of Lake Superior Chippewa (2×) also: Cited "see"
8th Cir. · 2013 · confidence medium
To be sure, relief under rule 60(b)(6) remains “an extraordinary remedy” for “exceptional circumstances.” In re Zimmerman, 869 F.2d 1126, 1128 (8th Cir.1989).
cited Cited as authority (rule) Nabco, Inc. v. Holmes (In Re Holmes)
Bankr. M.D.N.C. · 2008 · confidence medium
E.g., In re Perkins, 902 F.2d 1254, 1258 (7th Cir.1990); In re Zimmerman, 869 F.2d 1126, 1128 (8th Cir.1989).
cited Cited as authority (rule) In Re Hansen
Bankr. M.D. Fla. · 2008 · confidence medium
In re Zimmerman, 869 F.2d 1126, 1128 (8th Cir.1989); See Ackermann, 340 U.S. 193 , 71 S.Ct. 209 ; Design Classics 788 F.2d 1384, 1386 (8th Cir.1986).
cited Cited as authority (rule) Woodcock v. United States Ex Rel. Department of Education (In Re Woodcock)
Bankr. W.D. Mo. · 2004 · confidence medium
Doe v. Zimmerman (In re Zimmerman), 869 F.2d 1126, 1128 (8th Cir.1989).
cited Cited as authority (rule) Unsecured Creditors' Committee, Houlihan, Lokey, Howard & Zukin Financial Advisors, Inc. v. Pelofsky (In Re Thermadyne Holdings Corp.)
8th Cir. BAP · 2002 · confidence medium
Doe v. Zimmerman (In re Zimmerman), 869 F.2d 1126, 1128 (8th Cir.1989).
cited Cited as authority (rule) Uns. Creditors Cmtte v. Joel Pelofsky
8th Cir. BAP · 2002 · confidence medium
Doe v. Zimmerman (In re Zimmerman), 869 F.2d 1126, 1128 (8th Cir. 1989).
discussed Cited as authority (rule) Murray v. SOLIDARITY OF LABOR ORGAN. INTERN. BEN. (2×)
N.D. Iowa · 2001 · confidence medium
Atkinson, 43 F.3d at 373; Schultz, 24 F.3d at 1024 ; In re Zimmerman, 869 F.2d 1126, 1128 (8th Cir.1989).
discussed Cited as authority (rule) Murray v. Solidarity of Labor Organization International Union Benefit Fund (2×)
N.D. Iowa · 2001 · confidence medium
Atkinson, 43 F.3d at 373 ; Schultz, 24 F.3d at 1024 ; In re Zimmerman, 869 F.2d 1126, 1128 (8th Cir.1989).
discussed Cited as authority (rule) Johnson v. Chester Housing Authority (In Re Johnson)
Bankr. E.D. Pa. · 2000 · confidence medium
See, e.g., Edmonds, supra, 924 F.2d at 180; In re Zimmerman, 869 F.2d 1126, 1128 (8th Cir.1989); In re Powell v. First National Bank of Nashville, Arkansas, 113 B.R. 512, 513 (W.D.Ark.1990); McElmurry, supra, 23 B.R. at 535 : Bowman, supra, 173 B.R. at 925 ; Emery, supra, 170 B.R. at 782-83 ; In re Richard, 165 B.R. 642, 643 (Bankr.W.D.Ark.1994); In re Ginsberg, 164 B.R. 870, 876 (Bankr.S.D.N.Y.1994); In re Ratka, 133 B.R. 480, 483 (Bankr.N.D.Iowa 1991); In re Barley, 130 B.R. 66, 70 (Bankr.N.D.Ind.1991); In re Meo, 84 B.R. 24, 29 (Bankr.M.D.Pa.1988); and In re Couch, 54 B.R. 682, 684 (Bankr.E…
discussed Cited as authority (rule) Whitmore v. Avery
D. Neb. · 1998 · confidence medium
Rule 60(b)(6) allows a court, “on motion and upon such terms as are just,” to relieve a party from an order for, among other reasons, “any ... reason justifying relief.” It is, as the Eighth Circuit has noted, an “extraordinary remedy” and is “not a substitute for other legal remedies.” In re Zimmerman, 869 F.2d 1126, 1128 (8th Cir.1989).
discussed Cited as authority (rule) Midwest Franchise Corp. v. Metromedia Restaurant Group, Inc.
N.D. Iowa · 1997 · confidence medium
The provisions of Rule 60(b) “do ‘not give courts unlimited authority to fashion relief as they deem appropriate.’” Schultz, 24 F.3d at 1024 (quoting In re Zimmerman, 869 F.2d 1126, 1128 (8th Cir.1989)). 2.
discussed Cited as authority (rule) Jackie BROOKS, Appellant, v. FERGUSON-FLORISSANT SCHOOL DISTRICT, Appellee (2×) also: Cited "see"
8th Cir. · 1997 · confidence medium
Rule 60(b)(2) permits relief on the basis of new evidence that could not have been discovered by due diligence in time to move for *905 relief under Rule 59; Rule 60(b)(6) can apply when exceptional circumstances prevent relief “through the usual channels.” In re Zimmerman, 869 F.2d 1126, 1128 (8th Cir.1989).
discussed Cited as authority (rule) Jackie Brooks v. Ferguson-Florissant (2×) also: Cited "see"
8th Cir. · 1997 · confidence medium
Rule 60(b)(2) permits relief on the basis of new evidence that could not have been discovered by due diligence in time to move for relief under Rule 59; Rule 60(b)(6) can apply when exceptional circumstances prevent relief "through the usual channels." In re Zimmerman, 869 F.2d 1126, 1128 (8th Cir. 1989).
discussed Cited as authority (rule) Reynolds v. Condon (2×)
N.D. Iowa · 1996 · confidence medium
Atkinson, 43 F.3d at 373 ; Schultz, 24 F.3d at 1024 ; In re Zimmerman, 869 F.2d 1126, 1128 (8th Cir.1989).
discussed Cited as authority (rule) DeWit v. Firstar Corp. (2×)
N.D. Iowa · 1995 · confidence medium
Atkinson, 43 F.3d at 373 ; Schultz, 24 F.3d at 1024 ; In re Zimmerman, 869 F.2d 1126, 1128 (8th Cir.1989).
discussed Cited as authority (rule) Anderson v. Poole (In Re Poole)
Bankr. E.D. Pa. · 1995 · confidence medium
See, e.g., Edmonds, supra, 924 F.2d at 180; In re Zimmerman, 869 F.2d 1126, 1128 (8th Cir.1989); In re Powell v. First National Bank of Nashville, Arkansas, 113 B.R. 512, 513 (W.D.Ark.1990); McElmurry, supra, 23 B.R. at 535 ; Bowman, supra, 173 B.R. at 925 ; Emery, supra, 170 B.R. at 782-83 ; In re Richard, 165 B.R. 642, 643 (Bankr.W.D.Ark.1994); In re Ginsberg, 164 B.R. 870, 876 (Bankr.S.D.N.Y.1994); In re Ratka, 133 B.R. 480, 483 (Bankr.N.D.Iowa 1991); In re Barley, 130 B.R. 66, 70 (Bankr.N.D.Ind.1991); In re Meo, 84 B.R. 24, 29 (Bankr.M.D.Pa.1988); and In re Couch, 54 B.R. 682, 684 (Bankr.E…
discussed Cited as authority (rule) Atkinson v. Prudential Property Co.
8th Cir. · 1994 · confidence medium
Relief is available under Rule 60(b)(6) only where “exceptional circumstances prevented the moving party from seeking redress through the usual channels.” In re Zimmerman, 869 F.2d 1126, 1128 (8th Cir.1989).
discussed Cited as authority (rule) Robert C. Atkinson, an Individual Robert C. Atkinson, Inc., a Minnesota Corporation v. Prudential Property Company, Inc., an Illinois Corporation Defendant-Third Party-Plaintiff-Appellee Graybow-Daniels Company, a Minnesota Corporation v. Westburne Supply, Inc., a Delaware Corporation United Westburne, Inc., a Canadian Corporation, Third Party
3rd Cir. · 1994 · confidence medium
Relief is available under Rule 60(b)(6) only where "exceptional circumstances prevented the moving party from seeking redress through the usual channels." In re Zimmerman, 869 F.2d 1126, 1128 (8th Cir.1989).
discussed Cited as authority (rule) Jeffrey P. Schultz v. Commerce First Financial, as the Successor-In-Interest to and for Federal Deposit Insurance Corporation (2×)
1st Cir. · 1994 · confidence medium
These provisions do “not give courts unlimited authority to fashion relief as they deem appropriate.” Doe v. Zimmerman, 869 F.2d 1126, 1128 (8th Cir.1989).
discussed Cited as authority (rule) Miller-Claborn Distribution, Co. v. Richard (In Re Richard)
Bankr. W.D. Ark. · 1994 · confidence medium
Thus, the burden is on the creditor to investigate diligently any possibly fraudulent conduct be *644 fore discharge.”); Doe v. Zimmerman (In re Zimmerman), 869 F.2d 1126, 1128 (8th Cir.1988) (“Doe failed to utilize the means that were available to protect her interests.
discussed Cited as authority (rule) Nucor Corporation v. Nebraska Public Power District (2×) also: Cited "see"
8th Cir. · 1993 · confidence medium
In re Zimmerman, 869 F.2d 1126, 1128 (8th Cir.1989).
cited Cited as authority (rule) Home Federal Savings & Loan Ass'n v. Dillon Construction Co. (In re Dillon Construction Co.)
8th Cir. · 1991 · confidence medium
In re Zimmerman, 869 F.2d 1126, 1128 (8th Cir. 1989); see also Young, 806 F.2d at 806 .
cited Cited as authority (rule) In Re Dillon Construction Company, Inc.
8th Cir. · 1991 · confidence medium
In re Zimmerman, 869 F.2d 1126, 1128 (8th Cir.1989); see also Young, 806 F.2d at 806 .
cited Cited as authority (rule) Karr v. Pankey (In Re Pankey)
Bankr. W.D. Tenn. · 1991 · confidence medium
It is not a substitute for other legal remedies.” In re Zimmerman, 869 F.2d 1126, 1128 (8th Cir.1989).
discussed Cited "see" Ruiz v. Harmon
E.D. Ark. · 2020 · signal: see · confidence high
See id. at 373 (“Relief is available under Rule 60(b)(6) only where ‘exceptional circumstances prevented the moving party from seeking redress through the usual channels.’” (quoting In re Zimmerman, 869 F.2d 1126, 1128 (8th Cir. 1989))).
examined Cited "see" In Re Salander (3×)
Bankr. S.D.N.Y. · 2011 · signal: see · confidence high
See In re Zimmerman, 869 F.2d 1126, 1128 (8th Cir.1989) (failing to take advantage of prejudgment litigation opportunities precludes granting of relief post-judgment); Lehman v. United States, 154 F.3d 1010, 1017 (9th Cir.1998) (failure to act diligently to protect one’s own rights does not justify relief); Mitchell v. Hobbs, 951 F.2d 417 , 420 (1st Cir.1991) (an unexplained failure to timely appeal when such opportunity was available, does not justify relief under Rule 60(b)(6)). *57 Debtor’s motion for relief pursuant to Rule 60(b)(6) is denied.
cited Cited "see" Larry K. Alexander v. Mary Jensen-Carter
8th Cir. · 2002 · signal: see · confidence high
See In re Zimmerman, 869 F.2d 1126, 1127-28 (8th Cir. 1989) (standard of review); Klein v. Arkoma Prod.
Retrieving the full opinion text from the archive…
In Re Roger Lynn ZIMMERMAN, Debtor. Jane DOE, Appellant,
v.
Roger Lynn ZIMMERMAN, Appellee
88-5108.
Court of Appeals for the Eighth Circuit.
Mar 14, 1989.
869 F.2d 1126
1989 U.S. App. LEXIS 3033
1989 WL 20909
Lynn C. Tyler, South Bend, Ind., for appellant., Vance O. Bushay, Minneapolis, Minn., for appellee.
Bowman, Magill, Battey.
Cited by 46 opinions  |  Published
BOWMAN, Circuit Judge.

Appellant, proceeding under the fictitious name of Jane Doe, appeals from a District Court [1] order affirming a Bankruptcy Court [2] decision denying her motion to dismiss Debtor’s Chapter 7 bankruptcy petition and revoke his discharge. We affirm.

I.

Jane Doe is the stepdaughter of Debtor. In December 1986 Doe filed suit against Debtor in federal court in Indiana claiming that Debtor had physically and sexually abused her. On January 16, 1987 that court granted Doe a default judgment against Debtor.

On January 20,1987 Debtor filed a Chapter 7 bankruptcy petition in Minnesota, and on the following April 29 he was granted a discharge. No timely objections were filed either before or after discharge.

On July 28, 1987 Doe filed a motion, apparently based on Federal Rule of Civil Procedure 60(b)(6), [3] to revoke Debtor’s discharge and dismiss his bankruptcy petition on the ground that the petition had been filed in bad faith. [4] The Bankruptcy Court denied the motion, holding that relief under Rule 60(b)(6) was not warranted because Doe failed to show that extraordinary circumstances had prevented her from obtaining relief through available bankruptcy procedures. The District Court, finding no abuse of discretion, affirmed the Bankruptcy Court’s order.

II.

Whether to grant relief under Rule 60(b) is a question committed to the discretion of[*1128] the trial court. We will overturn the Bankruptcy Court’s decision only for an abuse of discretion. See Design Classics, Inc. v. Westphal (In re Design Classics, Inc.), 788 F.2d 1384, 1386 (8th Cir.1986). Doe argues that “the compelling policy favoring the protection of the integrity of the federal courts” from petitions filed in bad faith requires that the Bankruptcy Court’s denial of relief be overturned. Appellant’s Brief at 7-8. We disagree.

Rule 60(b)(6) does not give courts unlimited authority to fashion relief as they deem appropriate. Relief under the Rule is an extraordinary remedy. See Design Classics, 788 F.2d at 1386; L.Z. v. Parrish, 733 F.2d 585, 588 (8th Cir.1984). It is not a substitute for other legal remedies. Such relief is to be granted only when exceptional circumstances prevented the moving party from seeking redress through the usual channels. See Ackermann v. United States, 340 U.S. 193, 199-202, 71 S.Ct. 209, 212-214, 95 L.Ed. 207 (1950); Design Classics, 788 F.2d at 1386.

In support of her motion to dismiss, Doe presented the Bankruptcy Court with evidence that Debtor had filed his bankruptcy petition in bad faith. The Bankruptcy Court found the evidence persuasive, noting that “[t]he evidence strongly suggests that Debtor filed [for] bankruptcy in Minnesota simply to gain an advantage in Doe’s federal court action, that is, to force litigation of her claim in Minnesota rather than Indiana.” In re Zimmerman, No. 4-87-0205, slip op. at 6 (Bankr.D.Minn. Nov. 16, 1987). The court pointed out, however, that Doe failed to utilize the means that were available to protect her interests. Specifically, the court found that Doe had failed “to timely object to Debtor’s discharge pursuant to 11 U.S.C. § 727(a), to seek dismissal of Debtor’s petition prior to his discharge pursuant to 11 U.S.C. § 707(a), and to timely object to the discharge of the debt owed her by Debtor pursuant to 11 U.S.C. § 523(a).” Id. at 7. Doe does not deny that these procedures were legally available to her, and she has given the Bankruptcy Court, District Court, and this Court no explanation for her failure to use them.

We find unpersuasive Doe’s argument that, even though she presented no explanation for her failure to seek redress through the usual means, the “integrity of the federal courts” requires that her motion be granted. As the District Court pointed out, “The integrity of the courtfs] is protected not only by not allowing parties to manipulate one court against another, but also by requiring parties to avail themselves of available procedures.” Doe v. Zimmerman, No. 3-87-833, slip op. at 3 (D.Minn. Feb. 12, 1988). It was within the Bankruptcy Court’s discretion to conclude that in the absence of timely objection, Debtor's discharge should stand. See Consolidated Shoppers Credit Plan, Inc. v. Daugherty (In re Daugherty), 32 B.R. 461, 465-66 (Bankr.E.D.Tenn.1983). We find that the Bankruptcy Court’s denial of Doe’s motion was not an abuse of discretion.

The District Court’s order upholding the Bankruptcy Court’s denial of Doe’s motion is affirmed.

1

. The Honorable Donald D. Alsop, Chief United States District Judge for the District of Minnesota.

2

. The Honorable Dennis D. O'Brien, United States Bankruptcy Judge for the District of Minnesota.

3

. The Bankruptcy Court treated Doe’s motion as one brought pursuant to Rule 60(b)(6), and Doe does not challenge that characterization.-

4

. Federal Rule of Civil Procedure 60 is made applicable to bankruptcy cases by Bankruptcy Rule 9024. Rule 60(b)(6) provides: "On motion and upon such terms as are just, the court may relieve a party or a party’s legal representative from a final judgment, order, or proceeding for the following reasons: ... (6) any other reason justifying relief from the operation of the judgment."