Paul J. Kilburg, Chief Bankruptcy Judge
On March 9, 2001, the above-captioned matter came on for telephonic hearing on U.S. Trustee's Motion to Reconsider and Debtor's Joinder therein. John Schmillen appeared on behalf ot he U.S. Trustee. Debtor Daniel Ellis was represented by Attorney Jeff Peterzalek. Sheryl Youngblut appeared as Chapter 7 Trustee. Janet Kohlmeyer, f/k/a/ Janet Ellis, appeared pro se. This is a core proceeding pursuant to 28 U.S.C. § 157(b)(2)(A), (B), (K).
On February 20, 2001, this Court entered a final order on Trustee's Final Report. The Court concluded that Creditor Janet Ellis has a secured claim in the amount of $7,800 in Debtor's 1996 Chevrolet truck and a priority claim of $16,647.04 arising from Debtor's child support obligations. These amounts total $24,447.04.
U.S. Trustee's Motion to Reconsider requests the Court modify its order to state that Ms. Ellis' secured claim is $7,800 and her priority claim is $24,447.04. Upon review of the record, the Court concludes that U.S. Trustee's Motion to Reconsider should be granted pursuant to federal Rule of Civil Procedure 60(a). The February 20, 2001 Order erroneously through oversight subtracted Ms. Ellis' secured claim from her priority claim.
Debtor's Joinder in U.S. Trustee's Motion to Reconsider raises additional issues regarding the amount of Ms. Ellis' claims and his exemption rights in the 1996 Chevy truck. The Court concludes these arguments of Debtor were or should have been raised in earlier proceedings and will not now be considered by the Court.See In re Barger, 219 B.R. 238, 245 (B.A.P. 8th Cir. 1998). Debtor has failed to prove he is entitled to modification of the judgment under Rule 60(a) or (b), or under any other theory. The Court, in its discretion, concludes that to the extent Debtor's Joinder raises matters beyond the scope of the U.S. Trustee's Motion to Reconsider it should be denied.
WHEREFORE, U.S. Trustee's Motion to Reconsider is GRANTED.
FURTHER, the Court's Order re Trustee's Final Report is amended to reflect that Creditor Janet Ellis, n/k/a/ Janet Kohlmeyer, holds a secured claim in the amount of $7,800 in Debtor's 1996 Chevrolet truck and a priority claim in the amount of $24,447.04 arising from Debtor's support obligations.
FURTHER, Debtor's additional requests to modify the Order are DENIED.
SO ORDERED this 9th day of March, 2001.