In re BRUCE R. AIKINS, Debtor/Appellant
- Summarized by Stephen Falanga , Walsh Pizzi O'Reilly Falanga LLP
- 11 months 3 weeks ago
- Case Type:
- Consumer
- Case Status:
- Dismissed
- Citation:
- No. 24-1695 (3rd Circuit, Feb 20,2025) Not Published
- Tag(s):
-
- Ruling:
- Pro Se Debtor's appeal challenging bankruptcy court's decision granting landlord/creditor relief from the automatic stay to continue an ejectment was dismissed as moot because during the pendency of the appeal the Debtor's case had been fully administered and a final decree was entered
- Procedural context:
- Debtor appealed on Order from the bankruptcy court granting landlord/creditor relief from the automatic stay to continue an ejectment action. The district court dismissed the appeal from lack or prosecution and the Debtor appealed to the Third Circuit.
The Third Circuit dismissed the appeal as "moot' since during the pendency of the appeal the Debtor's bankruptcy case was fully administered and closed.
- Facts:
- In March 2022, the debtor, Bruce Aikins filed a pro se Chapter 7 petition in the United States Bankruptcy Court for the District of New Jersey.
Two days later, ETC Equities, LLC (“ETC”) moved for relief from 11 U.S.C. § 362(a)’s automatic stay so that it could proceed with an ejectment action that it had brought against the Debtor in New Jersey state court. In May 2022, the Bankruptcy Court granted ETC’s motion.
The Debtor then appealed that order to the District Court. While that appeal was pending, the proceedings in the Bankruptcy Court moved forward.
In March 2024, the District Court dismissed the Debtor's appeal for lack of prosecution based on his failure to file a brief. The Debtor then appealed to the Third Circuit, challenging the District Court’s judgment.
Around the same time, the Bankruptcy Court entered a final decree in his Chapter 7 case. That final decree stated that the Debtor's estate had been fully administered, discharged the Bankruptcy Trustee, and closed the Chapter 7 case.
The Debtor did not appeal from that final decree, and the time for him to do expired.
- Judge(s):
- BIBAS, FREEMAN, and NYGAARD
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