___________ No. 95-2574

___________ Northeastern Living Center, Inc., * *

Appellee, * * v. * * Lake Region Development, Inc., * a corporation; Marshall Manor, * Inc., a corporation, * * Defendants, * * Robert B. Marx, * * Appellant, * * Janelle E. Marx, * * Defendant. *

___________ Appeals from the United States No. 95-2774 District Court for the

___________ District of South Dakota. Northeastern Living Center, Inc., * [UNPUBLISHED] * Appellee, * * v. * * Lake Region Development, Inc., * a corporation; Marshall Manor, * Inc., a corporation, * * Defendants, * * Janelle E. Marx, * * Appellant. *___________ No. 95-3002

___________ Northeastern Living Center, Inc., * *

Appellee, * * v. * * Lake Region Development, Inc., * a corporation; Marshall Manor, * Inc., a corporation, * * Defendants, * * Robert B. Marx, * * Appellant, * * Janelle E. Marx, * * Defendant. *

___________ Submitted: June 12, 1996 Filed: June 24, 1996

___________ Before McMILLIAN, WOLLMAN, and MURPHY, Circuit Judges.

___________ PER CURIAM. These app eals result from the debt collection action and bankruptcy proceedings involving Lake Region Development, Inc. (Lake Region), and a Lake Region subsidiar y, Marshall Manor Incorporated (Marshall Manor). In 1983, appellants Robert Marx and Janelle Marx both executed persona l "Guaranty Agreements" promising to pay any indebtedness owed on behalf of Lake Region and Marshall Manor, in exchange for a $738,000 loan to th e corporations. Lake Region and Marshall Manor defaulted on the loan an d No rtheastern pursued collection. In 1993, following his involuntar y bankr uptcy, Robert Marx was dismissed as a defendant. Lake Region an d Marshall Manor filed petitions for bankruptcy and an adversary proceeding

### The Honorable Lawrence L. Piersol, United States Distric t 1 

### Judge for the District of South Dakota. against Northeastern in the Bankruptcy court.
The district court withdrew the reference to the b ankruptcy court of 1 the bankruptcy proceedings, then conducted a one-day trial in January 1995 , addressing both the debt collection proceedings and the bankruptc y procee dings. Following the trial, the district court dismissed th e bankruptcy proceeding s as filed in bad faith, and found that Lake Region, Marshal l Manor, and Janelle Marx were jointly and severally liable t o Northeasternfor a total of $1,154,959.70. Robert Marx and Janelle Marx have s eparately appealed various orders entered in the district court
. Lake Region and Marshall Manor have not appealed.

As to Robert Marx, we affirm the district court's denial of hi s motion to intervene as untimely. In all other respects, we dismiss hi s appeal for lack of standing. We deny his motionto supplement the record.

As to Jan elle Marx, we affirm the district court's judgment and its denial of her Rule 59(a) motion. The record shows she had actual notice of the trial, and the arguments she raises on appeal either were not raise d below, challenge the district court's credibilit y determinations, or raise defenses of the corpo rate defendants, which she may not raise under South Dakota Law. See United States Fire Ins. Co. v. Kresser Motor Serv., Inc. , 26 F.3d 91, 95 (8th C ir. 1994); Wilson v. Lambert , 789 F.2d 656, 658 (8th Cir. 1986); International Multifoods Corp. v. Mardian , 379 N.W.2d 840, 841

- 44 (S.D. 1985). Accordingly, the judgments are affirmed.

### -4- A true copy.

Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.