From Casetext: Smarter Legal Research

Mayo v. Wells Fargo Home Mortg.

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
Apr 4, 2013
517 F. App'x 165 (4th Cir. 2013)

Opinion

No. 12-2058

04-04-2013

BONNIE JEAN MAYO, Debtor - Appellant, v. WELLS FARGO HOME MORTGAGE, Defendant - Appellee. and USBC - NORFOLK/NN (United States Bankruptcy Court) , Party-in-Interest, US TRUSTEE; MICHAEL PATRICK COTTER, Trustees.

Bonnie Jean Mayo, Appellant Pro Se. Donna Joyce Hall, SAMUEL I. WHITE, PC, Virginia Beach, Virginia, for Appellee.


UNPUBLISHED

Appeal from the United States District Court for the Eastern District of Virginia, at Newport News. Arenda Wright Allen, District Judge. (4:12-cv-00118-AWA-DEM; 11-51133-FJS) Before WILKINSON, DUNCAN, and WYNN, Circuit Judges. Dismissed by unpublished per curiam opinion. Bonnie Jean Mayo, Appellant Pro Se. Donna Joyce Hall, SAMUEL I. WHITE, PC, Virginia Beach, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Bonnie Jean Mayo appeals from the district court's order dismissing her appeal from the bankruptcy court's orders: (a) granting a motion to lift the automatic stay and (b) dismissing her Chapter 13 petition. We dismiss the appeal.

Where a sale of a bankrupt's assets has not been stayed, an appeal challenging the sale's validity is moot because "the court has no remedy that it can fashion even if it would have determined the issues differently." Anheuser-Busch, Inc. v. Miller (In re Stadium Mgmt. Corp.), 895 F.2d 845, 847 (1st Cir. 1990) (collecting cases); see also In re Vlasek, 325 F.3d 955, 961-62 (7th Cir. 2003) (same). Thus, even if the bankruptcy court erred in authorizing the sale, the appeal must be dismissed. See, e.g., Canzano v. Ragosa (In re Colarusso), 382 F.3d 51, 62 (1st Cir. 2004).

Because Mayo failed to obtain a stay of the orders below, and the property has been sold and a state unlawful detainer action has been filed, we do not have jurisdiction to consider the merits of the appeal. Accordingly, we dismiss. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

DISMISSED


Summaries of

Mayo v. Wells Fargo Home Mortg.

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
Apr 4, 2013
517 F. App'x 165 (4th Cir. 2013)
Case details for

Mayo v. Wells Fargo Home Mortg.

Case Details

Full title:BONNIE JEAN MAYO, Debtor - Appellant, v. WELLS FARGO HOME MORTGAGE…

Court:UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

Date published: Apr 4, 2013

Citations

517 F. App'x 165 (4th Cir. 2013)