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In re Garmong

United States District Court, D. Nevada
May 6, 2011
3:11-CV-0049-LRH-VPC (D. Nev. May. 6, 2011)

Opinion

3:11-CV-0049-LRH-VPC.

May 6, 2011


ORDER


Before the court is appellant Linda A. Garmong's motion to dismiss her appeal of the United States Bankruptcy Court's order sustaining appellee Gregory O. Garmong's objection (Doc. #1). Doc. #5. Also before the court is Gregory Garmong's motion to dismiss (Doc. #7), motion for sanctions (Doc. #11), and motion to stay (Doc. #12).

Refers to the court's docketing number.

On June 30, 2010, Linda Garmong filed a Chapter 7 bankruptcy petition. As part of her petition, she filed a form Schedule C claiming a limited life estate in property owned by Gregory Garmong as exempt from the bankruptcy estate. Gregory Garmong filed an objection to the exemption which was sustained by the bankruptcy court. See Doc. #1, Exhibit B. Subsequently, Linda Garmong initiated the present appeal. Doc. #1.

On February 3, 2011, after the appeal was filed, the bankruptcy court issued an order finding that the limited life estate held by Linda Garmong was not property of the bankruptcy estate. Both parties agree that the present appeal is now moot and should therefore be dismissed. See Doc. ##5, 7. The only disputed issue is whether the dismissal should be with or without prejudice.

The court has reviewed the documents and pleadings on file in this matter and finds that dismissal of the bankruptcy appeal should be without prejudice. Although the February 3, 2011 order has made the underlying appeal moot, that order is likewise subject to appeal by either party. A successful appeal of that order would make the present dispute about the limited life estate ripe. Therefore, rather than foreclose Linda Garmong's ability to appeal, the court finds it appropriate to dismiss the present appeal without prejudice.

IT IS THEREFORE ORDERED that appellant's motion to dismiss the bankruptcy appeal (Doc. #5) is GRANTED. Appellant's bankruptcy appeal (Doc. #1) is DISMISSED without prejudice.

IT IS FURTHER ORDERED that appellee's motion to dismiss (Doc. #7); motion for sanctions (Doc. #11); and motion to stay (Doc. #12) are DENIED.

IT IS SO ORDERED.


Summaries of

In re Garmong

United States District Court, D. Nevada
May 6, 2011
3:11-CV-0049-LRH-VPC (D. Nev. May. 6, 2011)
Case details for

In re Garmong

Case Details

Full title:In Re: LINDA A. GARMONG, Debtor. LINDA A. GARMONG, Appellant v. GREGORY O…

Court:United States District Court, D. Nevada

Date published: May 6, 2011

Citations

3:11-CV-0049-LRH-VPC (D. Nev. May. 6, 2011)