Opinion
No. 13-60010
05-04-2015
In re: HOWARD FLETCHER THRUSTON, Debtor, HOWARD FLETCHER THRUSTON, Appellant, v. DAVID M. REAVES, Trustee; NATIONAL BANK OF ARIZONA, Appellees.
NOT FOR PUBLICATION
BAP No. 12-1198 MEMORANDUM Appeal from the Ninth Circuit Bankruptcy Appellate Panel
Jury, Pappas, and Kirscher, Bankruptcy Judges, Presiding
Before: GOODWIN, BYBEE, and CHRISTEN, Circuit Judges.
This disposition is not appropriate ror publication and is not precedent except as provided by 9th Cir. R. 36-3.
Howard Fletcher Thruston appeals pro se from the Bankruptcy Appellate Panel's ("BAP") dismissal as moot of his appeal from the bankruptcy court's order approving the chapter 7 trustee's settlement of claims Thruston asserted in state court against the National Bank of Arizona. We have jurisdiction under 28 U.S.C. § 158(d). We review factual findings about mootness for clear error, and review legal conclusions de novo. In re Mortgages Ltd, 771 F.3d 1121, 1214 (9th Cir. 2014). We affirm.
The BAP properly dismissed Thruston's appeal as moot because there had been such a comprehensive change in circumstances as to render it inequitable to consider the merits of the appeal. See In re Thorpe Insulation Co., 677 F.3d 869, 880-81 (9th Cir. 2012).
In light of our conclusion, we do not consider Thruston's arguments regarding the underlying merits.
Thruston's motion for an extension of time, filed October 29, 2014, is granted. The Clerk shall file the reply brief submitted November 3, 2014.
Thruston's requests for oral argument, set forth in his briefs, are denied.
AFFIRMED.