Gene E. Dudley, Sr. v. Mitchell Powers

U.S. Court of Appeals for the Eighth Circuit
Gene E. Dudley, Sr. v. Mitchell Powers, 49 F. App'x 91 (8th Cir. 2002)

Gene E. Dudley, Sr. v. Mitchell Powers

Opinion

PER CURIAM.

Texas inmate Gene E. Dudley appeals the Bankruptcy Appellate Panel’s (BAP’s) order affirming the bankruptcy court’s 1 grant of relief from automatic stay, and the court’s 2 subsequent denial of Dudley’s motion to reconsider.

Dudley argues the BAP lacked jurisdiction to hear his appeal because he never consented to its jurisdiction, but instead requested review by the district court. We conclude the BAP properly exercised jurisdiction, because Dudley failed to request district court review on a separate document at the time he filed the appeal. See 28 U.S.C. § 158(c); Fed. R. Bankr.P. 8001(e). Furthermore, we agree with the BAP, for the reasons noted in its order, this appeal is moot.

*92 Accordingly, we affirm. See 8th Cir. R. 47B. We deny as moot Ruby Powers’s motion for misjoinder.

1

. The Honorable Frank W. Roger, United States Bankruptcy Judge for the Western District of Missouri.

2

. The Honorable Arthur B. Federman, Chief Judge, United States Bankruptcy Court for the Western District of Missouri.

Reference

Full Case Name
In Re: Gene E. DUDLEY, Sr., Debtor Gene E. Dudley, Sr., Appellant, v. Mitchell Powers; Ruby M. Powers; Richard Fink, Appellees
Cited By
3 cases
Status
Unpublished