GIBSON et al v. TUCKER

Appellant: PAUL GIBSON, SR. and MELINDA HART
Appellee: WILLIAM J. TUCKER
In Re: G&S LIVESTOCK COMPANY
Case Number: 2:2012cv00095
Filed: April 20, 2012
Court: Indiana Southern District Court
Office: Terre Haute Office
Referring Judge: Mark J. Dinsmore
Presiding Judge: Jane Magnus-Stinson
Nature of Suit: Bankruptcy Appeal (801)
Cause of Action: 28:0158 Notice of Appeal re Bankruptcy Matter (BA
Jury Demanded By: None

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Date Filed#Document Text
September 5, 2012 23 Opinion or Order of the Court CLOSED DISMISSED - ORDER - The Court concludes that the Bankruptcy Court had the statutory authority to enter final judgment on the Trustee's fraudulent transfer claim against the Defendants but lacked the constitutional authority to do so pursu ant to Article III. However, the Defendants either expressly or by their conduct consented to the Bankruptcy Court entering judgment on those claims. Therefore, the Bankruptcy Court's judgment, [dkt. 14-6], was final. Because the Court furt her concludes that the Bankruptcy Court did not abuse its discretion by finding that the Defendants did not possess excusable neglect to file a belated notice of appeal, the judgment of the Bankruptcy Court is affirmed and this appeal is DISMISSED WITH PREJUDICE. The Trustee's Motion to Dismiss Appeal 13 for Failure to Comply with Bankruptcy Rule 8006 is DENIED AS MOOT. The Motion for Leave to Appeal 1 , is also DENIED AS MOOT because it was ruled on by the Bankruptcy Court in the underlying proceedings and is erroneously listed as a pending motion on this Court's docket. (See Order.) Signed by Judge Jane Magnus-Stinson on 9/5/2012.(RSF)

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Appellant: PAUL GIBSON, SR.
Represented By: B. Scott Skillman
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Appellant: MELINDA HART
Represented By: B. Scott Skillman
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Appellee: WILLIAM J. TUCKER
Represented By: James P. Moloy
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In re: G&S LIVESTOCK COMPANY
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