Heiserman v. Ameriquest Mortgage Co.
Opinion of the Court
MEMORANDUM
Yvonne Heiserman appeals the Bankruptcy Appellate Panel’s decision affirming
Heiserman failed to seek a stay of the bankruptcy court’s order authorizing settlement of a state court case by the trustee. The trustee then settled her case, received a settlement payment, and the state court dismissed the action with prejudice. Similarly, Heiserman failed to seek a stay pending appeal of the bankruptcy court’s order denying her motion to dismiss her bankruptcy case and her properties have since been sold to third parties. Consequently, this appeal is moot. See Trone v. Roberts Farms, Inc. (In re Roberts Farms, Inc.), 652 F.2d 793, 798 (9th Cir. 1981) (dismissing appeal as moot when appellant neglected to obtain a stay pending appeal and the rights of third parties have intervened).
Ameriquest’s request for damages and costs pursuant to Fed. R.App. P. 38 is denied.
DISMISSED.
This disposition is not appropriate for publication and may not be cited to or by the
Reference
- Full Case Name
- In re: Yvonne HEISERMAN, Debtor, Yvonne Heiserman v. Ameriquest Mortgage Company
- Cited By
- 1 case
- Status
- Published