Shulman Bastian LLP

Be Sure to Obtain a Stay: Dismissal of the Bankruptcy Case Might Render Your Appeal Moot

In the Matter of Castaic Partners II, LLC, No. 14-55281, the Ninth Circuit U.S. Court of Appeals recently found an appeal moot where the bankruptcy case had been finalized and dismissed. In particular, the creditor was granted relief from stay, the debtor appealed but did not seek a stay, the creditor then foreclosed, and the bankruptcy case was then dismissed. The District Court, and affirmed by the Ninth Circuit, found the appeal was moot because there was no longer any case or controversy given that the bankruptcy case had been dismissed and the dismissal was final. For the full opinion, please click here.

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