UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 11-2052

LEVESTER THOMPSON, M.D.,

Debtor - Appellant,

v.

HARRY SHAIA, JR.,

Trustee - Appellee.

Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. James R. Spencer, District Judge. (3:10-cv-00919-JRS; 3:04-bk-33506-DOT)

Submitted: November 30, 2012 Decided: December 12, 2012

Before WILKINSON, KING, and THACKER, Circuit Judges.

Dismissed by unpublished per curiam opinion.

William J. Stevens, Bridgman, Michigan, for Appellant. W. Scott Dillard II, SPINELLA, OWINGS & SHAIA, P.C., Richmond, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Levester Thompson appeals from the district court’s

order affirming the bankruptcy court’s denial of his motion to

reopen his bankruptcy case. Because the funds of the bankruptcy

estate have been fully disbursed and cannot be recovered, and

because Thompson has not shown cause for reopening the case, we

dismiss the appeal as moot. See In re Stadium Mgt. Corp.,

, 847 (1st Cir. 1990) (“Absent a stay, the court must

dismiss a pending appeal as moot because the court has no remedy

that it can fashion[.]”). We dispense with oral argument

because the facts and legal contentions are adequately presented

in the materials before this court and argument would not aid

the decisional process.

DISMISSED

2