Silver v. Phh Mortgage Corporation

• Court: Court of Appeals for the Ninth Circuit
• Decided: November 17, 2025
• Docket: 25-4794
• Status: Unpublished

Opinion

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS NOV 17 2025 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT

IN RE: MARCUS DANIEL SILVER, No. 25-4794 D.C. No. 2:25-cv-00149-FWS Debtor. ___________________________________ MEMORANDUM* MARCUS DANIEL SILVER,

Plaintiff - Appellant,

v.

PHH MORTGAGE CORPORATION; U.S. BANK NATIONAL ASSOCIATION,

Defendants - Appellees.

Appeal from the United States District Court for the Central District of California Fred W. Slaughter, District Judge, Presiding

Submitted November 12, 2025**

Before: SCHROEDER, RAWLINSON, and NGUYEN, 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). Marcus Daniel Silver appeals pro se from the district court’s judgment

affirming the bankruptcy court’s order overruling Silver’s objection to the proof of

claim filed by PHH Mortgage Corporation and U.S. Bank National Association.

We have jurisdiction under 28 U.S.C. § 158(d)(1). We dismiss the appeal as moot.

This appeal is moot because the bankruptcy court dismissed the Chapter 13

proceeding in which Silver objected to the proof of claim. See In re Pattullo, 271

F.3d 898, 901 (9th Cir. 2001) (explaining that “[i]f an event occurs while a case is

pending on appeal that makes it impossible for the court to grant any effectual

relief whatever to a prevailing party, the appeal is moot and must be dismissed”

(citation and internal quotation marks omitted)).

Because Silver did not cause the mootness of his appeal, vacatur of the

decisions below is warranted. See id. at 902 (vacating district court and

bankruptcy court orders where a bankruptcy appeal was mooted by dismissal of

Chapter 13 proceeding); see also In re Burrell, 415 F.3d 994, 1000 (9th Cir. 2005)

(explaining that “if the appeal has become moot through no act of the party seeking

relief, Munsingwear requires vacatur of both the judgments of the district court or

the BAP and the bankruptcy court” (referencing United States v. Munsingwear,

Inc., 340 U.S. 36 (1950)). The decisions of the district court, In re Marcus Daniel

Silver, Dkt. No. 59, Case No. 2:25-cv-00149-FWS (C.D. Cal. June 25, 2025), and

the bankruptcy court, In re Marcus Daniel Silver, Dkt. No. 77, Case No. 2:24-bk-

2 25-4794 16664-DS (Bankr. C.D. Cal. Jan. 3, 2025), are VACATED.

Because we dismiss Silver’s appeal as moot, we do not consider his

contentions addressing the merits of the bankruptcy court’s order.

DISMISSED.

3 25-4794