Opinion
No. 16-15108
05-07-2018
In re: ADAM LEE, Debtor, ADAM LEE, Plaintiff-Appellant, v. DANE S. FIELD, Trustee, Defendant-Appellee.
NOT FOR PUBLICATION
D.C. No. 1:15-cv-00472-SOM-BMK MEMORANDUM Appeal from the United States District Court for the District of Hawaii
Susan O. Mollway, District Judge, Presiding Submitted February 15, 2018 Honolulu, Hawaii Before: O'SCANNLAIN, CLIFTON, and IKUTA, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). --------
Chapter 7 debtor Adam Lee appeals the district court's order dismissing as moot Lee's appeal from the bankruptcy court's order approving a sale of real property. We have jurisdiction under 28 U.S.C. § 158(d)(1).
Lee concedes that, because he did not obtain a stay of the sale order, 11 U.S.C. § 363(m) bars him from undoing the sale in this appeal. See In re Onouli-Kona Land Co., 846 F.2d 1170, 1171 (9th Cir. 1988). No exception to the § 363(m) mootness rule is applicable in this context. See In re Filtercorp, Inc., 163 F.3d 570, 576-77 (9th Cir. 1998).
We decline to exercise our discretion to grant the trustee's request that we impose sanctions on Lee.
AFFIRMED.