Summary
finding debtor's noncompliance with a bankruptcy court's order, among other things, sufficient to support the bankruptcy court's finding of both cause and interests of the creditors
Summary of this case from Woodlawn Cmty. Dev. Corp. v. Official Comm. of Unsecured Creditors (In re Woodlawn Cmty. Dev. Corp.)Opinion
No. 05-56650.
This panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
Filed December 13, 2006.
Christine E. Fearing, Woodland Hills, CA, pro se.
Peter A. Davidson, Jr., Esq., Rein Evans Sestanovich, LLP, Los Angeles, CA, for Appellee.
Appeal from the United States District Court for the Central District of California; Virginia A. Phillips, District Judge, Presiding. D.C. No. CV-04-03155-VAP.
Before: FARRIS, BOOCHEVER, and LEAVY, Circuit Judges.
MEMORANDUM
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.
Chapter 7 bankruptcy debtors, Roger and Christine Fearing (the Fearings), appeal pro se the district court's dismissal as moot of their appeal from the bankruptcy court's order approving a settlement of Ms. Fearing's state court action against California State University (CSU). We have jurisdiction under 28 U.S.C. § 158(d). After de novo review, see In re National Mass Media Telecomm. Sys., Inc., 152 F.3d 1178, 1180 (9th Cir. 1998), we affirm.
The district court did not err in dismissing the Fearings' appeal as moot. The relief the Fearings seek is to bring a state court action against CSU based on Ms. Fearing's exempt personal injury claim. However, the Fearings did not obtain a stay of the bankruptcy court's order approving the trustee's settlement of that claim, among others, and Ms. Fearing's action against CSU was dismissed with prejudice on January 6, 2003. The district court cannot order the action reinstated. Thus, the appeal is moot, because "it [is] impossible for the court to grant any effectual relief." Id. (citations and quotations omitted).
AFFIRMED.