Anthony Greco, Debtor-Appellant v. James Stubenberg H. Gobel Peacock Partners Kishi Trustees Andrew Hartnett and Troy Corp., Creditors-Appellees

Anthony Greco appeals from a district court order dismissing his appeal from the bankruptcy court for failure to prosecute. We affirm.

On February 21, 1975 appellant and his wife signed a 35-year lease with Kishi Trustees (Kishi) for a parcel of commercial waterfront property in Lahaina, Hawaii. On March 27, 1977 fire destroyed the restaurant appellant was operating on the property and when he defaulted on the rent payments, Kishi filed an eviction action in state court. The action was automatically stayed when appellant filed for relief under Chapter 11 of the Bankruptcy Act. On March 5, 1980, the bankruptcy court lifted the stay but the action was stayed again on April 4, 1980 when appellant’s wife filed for Chapter 11 relief.

Before the bankruptcy court could rule on Kishi’s motion to lift the second stay, the Troy Corporation negotiated a settlement of the dispute. Under the settlement, Kishi entered into a new long-term lease with Troy. Troy in turn held the lease in trust for itself and appellant. The appellant filed a reorganization plan with the bankruptcy court that was based primarily on the Troy settlement. The court approved the plan on February 27, 1981.

After a…