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 _________________________________ Christopher M. Wolpert Clerk of Court In re: MICHAEL JOSEPH ROBERTS, SR., Debtor.

----------------------------------- 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. _________________________________ ORDER AND JUDGMENT * _________________________________ Before HARTZ, KELLY, and BACHARACH, Circuit Judges. _________________________________ 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* This order and judgment is not binding precedent except under the doctrines of law of the case, res judicata, and collateral estoppel.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

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