Vinetta Parker v. Paul A. Schofield, Chapter 7 Trustee; and Guy Van Baalen, Acting United States Trustee for Region 21

Summary

The United States District Court for the Southern District of Georgia dismissed Vinetta Parker’s appeal from a Bankruptcy Court turnover order. The court held that the notice of appeal was untimely under Federal Rule of Bankruptcy Procedure 8002, and that the Bankruptcy Court’s denial of Parker’s motion to extend the filing deadline left the district court without subject matter jurisdiction.

Holdings

1. The district court lacks jurisdiction to hear the appeal because the notice of appeal was untimely filed and the motion to extend time was denied by the bankruptcy court.

Questions Presented

1. Whether the district court has subject matter jurisdiction over an appeal from a bankruptcy court order when the notice of appeal was filed untimely and a motion to extend time was denied.

Disposition

dismissed