U.S. Court of Appeals for the Eighth Circuit, 2005

Strong v. Bank of America (In Re Strong)

Strong v. Bank of America (In Re Strong)
U.S. Court of Appeals for the Eighth Circuit · Decided July 8, 2005 · Melloy, McMillian, Gruender
138 F. App'x 870

Strong v. Bank of America (In Re Strong)

Opinion

PER CURIAM.

Julia Strong appeals the Bankruptcy Appellate Panel’s (BAP’s) order dismissing as moot her appeal from the bankruptcy court’s 1 order. After careful de novo review, see Midwest Farmworker Employment & Training, Inc. v. United States Dep’t of Labor, 200 F.Bd 1198, 1201 (8th Cir. 2000); In re Cool Fuel, Inc., 210 F.3d 999, 1001 (9th Cir. 2000), we conclude that the BAP properly dismissed the appeal as moot, see In re Rodriquez, 258 F.3d 757, 759 (8th Cir. 2001) (per curiam) (appellate court cannot modify sale in bankruptcy and must dismiss appeal as moot, if appellant has not received stay pending appeal); United States v. Fitzgerald, 109 F.3d 1339, 1342 (8th Cir. 1997) (debtor who fails to obtain stay of foreclosure sale has no remedy on appeal, and appeal is moot).

Accordingly, we affirm.

1

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

Case-law data current through December 31, 2025. Source: CourtListener bulk data.