In re Weathers

Full title: In re: Larry WEATHERS, Debtor. v. Washington Mutual Bank; et al.…

Court: United States Court of Appeals, Ninth Circuit

Date published: Sep 20, 2002

46 F. App'x 579 (9th Cir. 2002)

Opinion

46 Fed.Appx. 579 (9th Cir. 2002) In re: Larry WEATHERS, Debtor. Larry Weathers, Appellant, v. Washington Mutual Bank; et al., Appellees. No. 02-55031. BAP No. CC-01-01168-PBK. United States Court of Appeals, Ninth Circuit. September 20, 2002

Submitted September 9, 2002. ^*

* The panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2). Accordingly, we deny appellant's request for oral argument.

NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)

Appeal from the Ninth Circuit Bankruptcy Appellate Panel Perris, Brandt, and Klein, Bankruptcy Judges, Presiding.

Before HUG, O'SCANNLAIN, and TASHIMA, 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 may be provided by Ninth Circuit Rule 36-3.

Larry Weathers appeals pro se the Bankruptcy Appellate Panel's ("BAP") dismissal

Page 580.

of his appeal of the bankruptcy court's judgment dismissing his bankruptcy filing and barring refiling for 180 days. We dismiss this appeal as moot because Weathers failed to obtain a stay pending appeal and his property was sold to a third party, thereby precluding meaningful relief. See Baker & Drake, Inc. v. Pub. Serv. Comm'n of Nevada (In re Baker & Drake, Inc.), 35 F.3d 1348, 1351 (9th Cir.1994).

Washington Mutual's motion to file a late brief is granted. The answering brief, received on July 11, 2002, is ordered filed.

DISMISSED.