Roberts v. Sender

Opinion

Appellate Case: 24-1255 Document: 46-1 Date Filed: 04/15/2025 Page: 1 FILED

United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit

FOR THE TENTH CIRCUIT April 15, 2025

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Christopher M. Wolpert

Clerk of Court

In re: MICHAEL JOSEPH ROBERTS, SR.,

Debtor.

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MICHAEL JOSEPH ROBERTS, SR.,

Appellant,

No. 24-1255

v. (BAP No. 24-0009-CO)

(Bankruptcy Appellate Panel)

HARVEY SENDER, Chapter 7 Trustee; PDC, LLC; TIMOTHY FLAHERTY; TIMOTHY KNEEN; RIVERIA COUNTRY CLUB, S. DE R.L. C.V.S.,

Appellees.

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ORDER AND JUDGMENT *

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Before HARTZ, KELLY, and BACHARACH, Circuit Judges.

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The Bankruptcy Court approved a settlement agreement between the

Trustee and some of the creditors, and the debtor (1) appealed to the

*

This order and judgment is not binding precedent except under the doctrines of law of the case, res judicata, and collateral estoppel. But the order and judgment may be cited for its persuasive value if otherwise appropriate. See Fed. R. App. P. 32.1(a); 10th Cir. R. 32.1(A).

Appellate Case: 24-1255 Document: 46-1 Date Filed: 04/15/2025 Page: 2

Bankruptcy Appellate Panel and (2) asked the panel to stay the Bankruptcy

Court’s decision. 1 The Bankruptcy Appellate Panel denied a stay; and the

debtor came to our court, appealing the denial of a stay.

While our appeal has been pending, the Bankruptcy Appellate Panel

decided Mr. Roberts’ appeal of the Bankruptcy Court’s ruling. The parties

agree that this decision renders our appeal moot, and we agree. See N. Nat.

Gas Co. v. Trans Pac. Oil Corp., 529 F.3d 1248, 1250 & n.1 (10th Cir.

2008) (concluding that an appeal from the denial of a preliminary

injunction is moot following an appeal from the termination of the

underlying proceedings). So we dismiss this appeal.

Entered for the Court

Robert E. Bacharach Circuit Judge

1 The debtor also asked the Bankruptcy Court for a stay, but that request isn’t involved here.