GIBSON et al v. TUCKER
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|Date Filed||#||Document Text|
|September 5, 2012
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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