Enrique Greenberg v. U.S. National Association

• Court: Court of Appeals for the Ninth Circuit
• Decided: August 27, 2018
• Docket: 16-60085
• Status: Unpublished

Opinion

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS AUG 27 2018 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT

In re: ENRIQUE V. GREENBERG, No. 16-60085

Debtor. BAP No. 16-1350 ______________________________

ENRIQUE V. GREENBERG,

Appellant,

v.

UNITED STATES TRUSTEE

Appellee.

Appeal from the Ninth Circuit Bankruptcy Appellate Panel Lafferty and Kurtz, Bankruptcy Judges, Presiding

In re: ENRIQUE V. GREENBERG, No. 16-60089

Debtor. BAP No. 16-1212 ______________________________

U.S. BANK, NATIONAL ASSOCIATION; et al. Appellees.

Appeal from the Ninth Circuit Bankruptcy Appellate Panel Faris and Lafferty, Bankruptcy Judges, Presiding

In re: ENRIQUE V. GREENBERG, No. 17-60029

Debtor. BAP No. 16-1212

ENRIQUE V. GREENBERG, MEMORANDUM*

U.S. BANK, NATIONAL ASSOCIATION; et al.

Appellees.

Appeal from the Ninth Circuit Bankruptcy Appellate Panel Kurtz, Brand, and Lafferty, Bankruptcy Judges, Presiding

Submitted August 15, 2018**

Before: FARRIS, BYBEE, and N.R. SMITH, Circuit Judges.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).

2 16-60085, 16-60089, 17-60029 Enrique V. Greenberg appeals pro se from the Bankruptcy Appellate Panel’s

(“BAP”) interlocutory orders denying Greenberg’s motions for a stay pending

appeal and an order denying Greenberg’s motion for reconsideration of the BAP’s

order dismissing his appeal as moot. We dismiss these appeals as moot.

After Greenberg filed the instant appeals, this court dismissed his appeal

from a judgment of the BAP affirming the bankruptcy court’s order dismissing

Greenberg’s chapter 11 bankruptcy case as filed in bad faith. See Greenberg v.

United States Trustee, No. 17-60078 (9th Cir. Feb. 14, 2018). Accordingly, these

appeals are rendered moot because this court is unable to grant the requested relief.

See Vegas Diamond Props., LLC v. FDIC, 669 F.3d 933, 936 (9th Cir. 2012) (“An

appeal is moot if no present controversy exists as to which an appellate court can

grant effective relief.”).

DISMISSED.

3 16-60085, 16-60089, 17-60029