In re Scott T Lay

UNITED STATES DISTRICT COURT 6 WESTERN DISTRICT OF WASHINGTON AT TACOMA In re: CASE NO. C24-5503-BHS SCOTT T. LAY, BR CASE NO. 24-41048-MJH 9 Debtor.

ORDER 11 SCOTT T. LAY, Appellant, 12 v. 13 JENS GRUENKEMIER, 14 Appellee.

THIS MATTER is before the Court on its own motion. Pro se, in forma pauperis debtor/appellant Scott T. Lay appealed the Bankruptcy Court’s June 13, 2024, Order lifting the 11 U.S.C. § 362(a) Automatic Stay as it applied to his secured creditor, Jens Gruekemier, and the property located at 4541 E. F St., Tacoma, Washington. Dkt. 1 at 7– 8.

Lay’s brief was due September 3, 2024. Dkt. 4.

1 Lay has not filed a brief or anything else. Nor is there any evidence or argument that Lay sought a stay of the Bankruptcy Court’s Order under Federal Rule of Bankruptcy 8007. The appeal is DISMISSED for failure to prosecute. If the creditor/appellee has already foreclosed on the property, Lay’s appeal is also moot. See In re Egbert Development, LLC, 219 B.R. 903, 905 (10th Cir. BAP 1998) (collecting cases, including Algeran, Inc. v. Advance Ross Corp., 759 F.2d 1421, 1423-25 (9th Cir. 1985)).

7 The Clerk shall close the case. In re Egbert Development, LLC, 219 B.R. 903, 905 (10th Cir. BAP 1998) (collecting cases, including Algeran, Inc. v. Advance Ross Corp., 759 F.2d 1421, 1423-25 (9th Cir. 1985)).

10 IT IS SO ORDERED.

11 Dated this 28th day of October, 2024.

A BENJAMIN H. SETTLE United States District Judge