IN RE WHITAKER

BAP Nos. 12-6004, 12-6005, 12-6006, 12-6007.

474 B.R. 687 (2012)

In re Linda Rose WHITAKER, Debtor. Paul W. Bucher, Trustee, Plaintiff-Appellant v. Dakota Finance Corporation, Defendant-Appellee. In re Cecil Ray Barth, formerly doing business as Ray Barth Construction; Deanna Joan Barth, Debtors. Michael Scott Dietz, Trustee, Plaintiff-Appellant v. Deanna Joan Barth, Defendant The Lower Sioux Indian Community, in the State of Minnesota, Defendant-Appellee. In re Morris Jerome Pendleton, Sr.; Constance Louise Pendleton, also known as Connie Pendleton, Debtors. Paul W. Bucher, Trustee, Plaintiff-Appellant v. The Lower Sioux Indian Community, in the State of Minnesota, Defendant-Appellee Morris Jerome Pendleton, Sr., Defendant. In re Linda Rose Whitaker, Debtor. Paul W. Bucher, Trustee, Plaintiff-Appellant v. Linda Rose Whitaker, Defendant The Lower Sioux Indian Community, in the State of Minnesota, Defendant-Appellee.

United States Bankruptcy Appellate Panel of the Eighth Circuit.

Decided: July 19, 2012.


Attorney(s) appearing for the Case

Paul W. Bucher, Michael Scott Dietz, John C. Beatty, Scott James Hoss, Christopher David Nelson, Rochester, MN, for appellant.

Tyler D. Candee, Minneapolis, MN, Mary Magnuson, R. Reid LeBeau, St. Paul, MN, for appellee.

Before FEDERMAN, VENTERS, and SALADINO, Bankruptcy Judges.


FEDERMAN, Bankruptcy Judge.

These four adversary proceedings involve suits by Chapter 7 bankruptcy trustees against defendants The Lower Sioux Indian Community (the "Tribe") and its "subsidiary," Dakota Finance Corporation. In three of the adversaries, the trustees are pursuing the Tribe and the debtors for turnover of ongoing tribal revenue payments owed to the debtors under the Tribe's ordinances and the Indian Gaming Regulatory Act. In one of the adversaries, the...

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