Bronson v. Thompson (In Re Bronson)

610 F. App'x 710

• Court: Court of Appeals for the Ninth Circuit
• Decided: July 29, 2015
• Docket: 13-60089
• Status: Unpublished

Opinion

MEMORANDUM **

Peter and Sherri Bronson appeal pro se the decision of the Bankruptcy Appellate Panel dismissing as moot their appeal from the bankruptcy court’s denial of their Fed. R.Civ.P. 60(b) motion for reconsideration of an order granting relief from the automatic stay. We have jurisdiction pursuant to 28 U.S.C. § 158(d). We review de novo the BAP’s mootness determination, Nat’l Mass Media Telecomm. Sys., Inc. v. Stanley (In re Nat’l Mass Media Telecomm. Sys., Inc.), 152 F.3d 1178, 1180 (9th Cir.1998), and we affirm.

Bankruptcy’s mootness rule applies when a debtor has failed to obtain a stay from an order permitting sale of an asset. In re Onouli-Kona Land Co., 846 F.2d 1170, 1171 (9th Cir.1988). Here, the Bron-sons failed to obtain a stay from the bankruptcy court’s 2008 order permitting Thompson to foreclose on the office build: ing, and have failed to show that any exception to the mootness rule applies to their case. See id. at 1172-73. Consequently, we dismiss this appeal as moot.

DISMISSED.

** This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.