In Re Kristine Ballantyne Ewell, Debtor. Kristine Ballantyne Ewell, Debtor-Appellant v. Steven D. Diebert, Trustee-Appellee

Kristine Ewell, a chapter 11 debtor, appeals the district court’s dismissal as moot of her consolidated appeals of two bankruptcy court rulings: (1) the bankruptcy court’s order authorizing the sale of two real properties belonging to the bankruptcy estate and (2) the bankruptcy court’s denial of Ewell’s motion to set aside the close of escrow and to stay the order authorizing the sale. We affirm the district court.

I. BACKGROUND

This appeal involves the February 1990 sale by the chapter 11 trustee of two parcels of real property located in Fresno County, California, which constitute the principal assets of the bankruptcy estate. The parcels consist of approximately 406 acres commonly referred to as “the New Town property” and 538 acres commonly referred to as “the Auberry property.”

Appellant Ewell (the Debtor) filed a voluntary chapter 11 petition on July 1, 1988. Appellee Steven D. Diebert (the Trustee) was appointed trustee on August 23, 1988. Between 1973 and 1975, Diebert had been employed by Pacific Agricultural Services, of which Dan Ewell was the president and principal shareholder. Dan Ewell is the brother of Ben Ewell, the Debtor’s former husband. Ben Ewell is the…