Strong v. Bank of America (In Re Strong)

Eighth Circuit

Strong v. Bank of America (In Re Strong)

138 F. App'x 870

CourtCourt of Appeals for the Eighth Circuit

DecidedJuly 8, 2005

Docket04-3262

StatusUnpublished

This text of 138 F. App'x 870 (Strong v. Bank of America (In Re Strong)) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Strong v. Bank of America (In Re Strong), 138 F. App'x 870 (8th Cir. 2005).

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Opinion

PER CURIAM.

Julia Strong appeals the Bankruptcy Appellate Panel’s (BAP’s) order dismissing as moot her appeal from the bankruptcy court’s 1 order. After careful de novo review, see Midwest Farmworker Employment & Training, Inc. v. United States Dep’t of Labor, 200 F.Bd 1198, 1201 (8th Cir.2000); In re Cool Fuel, Inc., 210 F.3d 999, 1001 (9th Cir.2000), we conclude that the BAP properly dismissed the appeal as moot, see In re Rodriquez, 258 F.3d 757, 759 (8th Cir.2001) (per curiam) (appellate court cannot modify sale in bankruptcy and must dismiss appeal as moot, if appellant has not received stay pending appeal); United States v. Fitzgerald, 109 F.3d 1339, 1342 (8th Cir.1997) (debtor who fails to obtain stay of foreclosure sale has no remedy on appeal, and appeal is moot).

Accordingly, we affirm.

1

. The Honorable Barry S. Schermer, United States Bankruptcy Judge for the Eastern District of Missouri.

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PER CURIAM.

Julia Strong appeals the Bankruptcy Appellate Panel’s (BAP’s) order dismissing as moot her appeal from the bankruptcy court’s 1 order. After careful de novo review, see Midwest Farmworker Employment & Training, Inc. v. United States Dep’t of Labor, 200 F.Bd 1198, 1201 (8th Cir.2000); In re Cool Fuel, Inc., 210 F.3d 999, 1001 (9th Cir.2000), we conclude that the BAP properly dismissed the appeal as moot, see In re Rodriquez, 258 F.3d 757, 759 (8th Cir.2001) (per curiam) (appellate court cannot modify sale in bankruptcy and must dismiss appeal as moot, if appellant has not received stay pending appeal); United States v. Fitzgerald, 109 F.3d 1339, 1342 (8th Cir.1997) (debtor who fails to obtain stay of foreclosure sale has no remedy on appeal, and appeal is moot).

Accordingly, we affirm.

1

. The Honorable Barry S. Schermer, United States Bankruptcy Judge for the Eastern District of Missouri.

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138 F. App'x 870, Counsel Stack Legal Research, https://law.counselstack.com/opinion/strong-v-bank-of-america-in-re-strong-ca8-2005.

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