- Case Type:
- Case Status:
- BAP No. NC-18-1309-BSTa (9th Circuit, Aug 13,2019) Not Published
- BAP for 9th Circuit dismissed appeal for lack of jurisdiction. Bankruptcy court (ND California) dismissed appellant chapter 13 debtor's bankruptcy case while appeal was pending, mooting appeal.
- Procedural context:
- Bankruptcy court (ND Cal.) denied chapter 13 debtor's motion to extend automatic stay in her second chapter 13 case. Debtor appealed to BAP for 9th Circuit.
- Debtor filed chapter 13 case to stay foreclosure on home. Secured creditors and chapter 13 trustee opposed debtors proposed plans. Debtor's unstable income was unable to fund a feasible plan. Bankruptcy court dismissed case. Creditors re-scheduled foreclosure. Debtor filed second chapter 13 case on eve of foreclosure. Because second case was filed within one year of dismissal of prior case, the automatic stay was set to expire 30 days after filing. Debtor moved to extend stay. Secured creditor opposed, asserting presumption of bad faith, no change in income instability, and no feasible plan. Bankruptcy court denied extension of stay. Debtor timely appealed to BAP. While appeal was pending, secured creditor completed foreclosure sale. Bankruptcy court dismissed case five months later, while appeal was pending.
- Brand, Spraker, Taylor
3046 in the system
0 Being Processed