Green v. Traditional Heritage Village Homeowners Association, Inc. (In the Matter of Green)

Citation:
Green v. Traditional Heritage Village Homeowners Ass'n, Inc. (In the Matter of Green), Case No. 15-10872 (5th Cir. Aug. 16, 2016) (per curiam).
Tag(s):
Ruling:
Appellant's appeal of the district court's denial of his request for a stay while he appealed bankruptcy court's order to district court was dismissed as moot after the district court dismissed Appellant's appeal for failure to prosecute.
Procedural context:
Bankruptcy court entered an order stating that no stay was in effect at the time of foreclosure. Appellant appealed and sought an order from the district court staying the bankruptcy court's order. The district court denied the request for a stay; Appellant appealed that denial to the Fifth Circuit. Appellant's appeal in the district court was eventually dismissed for lack of prosecution.
Facts:
Bankruptcy court entered order lifting stay in debtor's (wife's) bankruptcy case unless certain condominium HOA dues were paid. The order provided that stay would be lifted in rem to allow foreclosure and any subsequent bankruptcy by [wife] or [Appellant-husband] would not create a stay on the condominium. Dues were not paid and HOA proceeded with foreclosure. One day before the foreclosure sale, Appellant-husband filed chapter 13 case. Sale proceeded as planned; buyer sought order declaring no stay was in effect when the sale occurred.
Judge(s):
King, Clement, Owen

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