Gene E. Dudley, Sr. v. Mitchell Powers
Opinion
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.
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- Unpublished