Samuel v. JPMorgan Chase Bank, N.A.

Case Type:
Consumer
Case Status:
Dismissed
Citation:
BAP No. EC-17-1036-BHKu (9th Circuit, Jul 31,2018) Not Published
Tag(s):
Ruling:
BAP for 9th Circuit dismissed debtor's appeal as moot following appeal of order by bankruptcy court (ED Cal.) granting chapter 11 trustee's motion for (1) use of cash collateral, (2) authorizing replacement liens, and (3) authorizing adequate protection payments. Sale of underlying real properties pursuant to approved 11 USC 363 sales mooted appeal regarding use of cash collateral related to real properties.
Procedural context:
Bankruptcy court (ED Cal.) granted chapter 11 trustee's motion for (1) use of cash collateral, (2) authorizing replacement liens, and (3) authorizing adequate protection payments. Debtor appealed, pro se, to BAP.
Facts:
Husband and wife filed chapter 11 bankruptcy case with husband claiming ownership interest nine investment real properties, including three shopping centers. Debtors did not schedule any secured creditors for the real properties. Bankruptcy court appointed trustee for estate. Creditors filed claims asserting security interests and rights in cash collateral in the shopping centers. The US asserted a criminal restitution judgment lien for $3.29 million in all the shopping centers and rents. Amended schedules identified six residential rental properties, two of which had tenants. Secured parties asserted security interests in the residential property rents. Trustee moved for authority to use cash collateral from shopping centers and residential properties to maintain properties and preserve value. Husband did not object to any motion; wife objected to one. Bankruptcy court entered four separate orders approving cash collateral. Wife appealed. While appeal was pending, bankruptcy court approved, and Trustee and buyers closed, sales of real property.
Judge(s):
Brand, Hursh, Kurtz

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