Robert P. Ciralsky v. Companion Mortgage

U.S. Court of Appeals for the Eighth Circuit
Robert P. Ciralsky v. Companion Mortgage, 53 F. App'x 403 (8th Cir. 2002)

Robert P. Ciralsky v. Companion Mortgage

Opinion

PER CURIAM.

Debtor Robert Ciralsky appeals the Bankruptcy Appellate Panel’s (BAP’s) orders (1) affirming the bankruptcy court’s 1 orders granting creditor Companion Mortgage Corporation relief from the automatic stay, and denying reconsideration; and (2) denying reconsideration of the BAP’s affirming order. Ciralsky is seeking return of property that was sold at a pre-bankruptcy foreclosure sale. Ciralsky did not exercise his state-law redemption rights. The bankruptcy court dismissed the Chapter 13 proceeding after interlocutory lift- *404 stay orders were issued over Ciralsky’s objection. Ciralsky did not appeal the Chapter 13 dismissal. We agree with the BAP that the appeal is moot. See In re Rodriquez, 258 F.3d 757, 759 (8th Cir. 2001) (per curiam); In re Onouli-Kona Land Co., 846 F.2d 1170, 1172-73 (9th Cir. 1988); Mo.Rev.Stat. §§ 443.410, 443.420 (2000).

Accordingly, we affirm. See 8th Cir. R. 47B. We also deny Ciralsky’s motion “to Compel Compromise Settlement.”

1

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

Reference

Full Case Name
In Re: Robert P. CIRALSKY, Debtor. Robert P. Ciralsky, Appellant, v. Companion Mortgage Corporation; John v. LaBarge, Jr., Appellees
Status
Unpublished