Plan B Development, LLC v. Auburn Ace Holdings, LLC
Opinion
MEMORANDUM ***
The parties do not dispute that the debt- or’s primary asset was sold during the *747 bankruptcy process. Nor do they dispute that Plan B failed to obtain a stay of the proceedings while this appeal was pending. Therefore, we conclude that the transfer of that asset precludes us from providing meaningful relief. Trone v. Robert Farms, Inc. (In re Roberts Farm, Inc.), 652 F.2d 793, 797 (9th Cir. 1981).
Plan B’s reliance on Popp v. Zimmerman (In re Popp), 323 B.R. 260 (9th Cir. BAP 2005) is misplaced, as in that case the Bankruptcy Appellate Panel could still provide relief based on a lien that remained on the property in that suit. Id. at 271-72. No such lien exists in this case.
The appeal is DISMISSED as moot.
This disposition is not appropriate for publication and is not precedent except as provid *747 ed by Ninth Circuit Rule 36-3.
Reference
- Full Case Name
- PLAN B DEVELOPMENT, LLC, Appellant, v. AUBURN ACE HOLDINGS, LLC, Appellee
- Status
- Unpublished