___________

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Northeastern Living Center, Inc., * [UNPUBLISHED]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 appeals result from the debt collection action and bankruptcy

proceedings involving Lake Region Development, Inc. (Lake Region), and a

Lake Region subsidiary, Marshall Manor Incorporated (Marshall Manor). In

1983, appellants Robert Marx and Janelle Marx both executed personal

"Guaranty Agreements" promising to pay any indebtedness owed on behalf of

Lake Region and Marshall Manor, in exchange for a $738,000 loan to the

corporations. Lake Region and Marshall Manor defaulted on the loan and

Northeastern pursued collection. In 1993, following his involuntary

bankruptcy, Robert Marx was dismissed as a defendant. Lake Region and

Marshall Manor filed petitions for bankruptcy and an adversary proceeding
 The Honorable Lawrence L. Piersol, United States District

1

Judge for the District of South Dakota.

against Northeastern in the Bankruptcy court.

The district court withdrew the reference to the bankruptcy court of 1

the bankruptcy proceedings, then conducted a one-day trial in January 1995,

addressing both the debt collection proceedings and the bankruptcy

proceedings. Following the trial, the district court dismissed the

bankruptcy proceedings as filed in bad faith, and found that Lake Region,

Marshall Manor, and Janelle Marx were jointly and severally liable to

Northeastern for a total of $1,154,959.70. Robert Marx and Janelle Marx

have separately 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 his

motion to intervene as untimely. In all other respects, we dismiss his

appeal for lack of standing. We deny his motion to supplement the record.

As to Janelle 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 raised

below, challenge the district court's credibility determinations, or raise

defenses of the corporate 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 Cir. 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.