In re Fremont Hospitality Group, LLC

Summarized by J. Debbeler , Bricker Graydon LLP
10 years 8 months ago

Citation:

15b0001n.06

Tag(s):

Ruling:

Bankruptcy court's denial of a motion for relief from stay and granting of a Chapter 7 trustee's motion objecting to a proof of claim were both affirmed by the Bankruptcy Appellate Panel (BAP) as neither the record on appeal nor the brief of the appellant illustrated a basis on which to reverse or vacate the orders from which the appeal was taken. The issues raised by the appellant in its brief were unrelated to the orders from which the appeal was taken.

Procedural context:

Former counsel for the debtor filed an appeal to the BAP on behalf of the debtor and an insider-creditor. The appeal was taken from an order denying the insider's motion for relief from the automatic stay as well as an order on cross-motions for summary judgment which granted a motion by the Chapter 7 trustee objecting to the insider's claim.

Facts:

Chapter 11 was filed, a Chapter 11 trustee was appointed and then the case was converted to a Chapter 7 case. Debtor's counsel withdrew prior to the conversion. Post-conversion, counsel appealed his withdrawal and an order granting the Chapter 7 trustee's motion to sell property. Both appeals were dismissed. Counsel then filed the instant appeal although his ability to do so for either the debtor or the insider was questioned by the BAP. The brief of the appellant then raised two issues unrelated to the orders from which the appeal was taken. The BAP noted the record failed to contain the orders or the pleadings or a transcript. The appellant's brief was unrelated to the orders from which the appeal was taken and the appeal was dismissed in a brief decision.

Judge(s):

Bankruptcy Appellate Panel Judges Harrison (author), Humphrey and Preston

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