Western Farm Credit Bank v. Davenport (In re Davenport)

In this matter, the appellees, Ray and Carolyn Davenport (the “Debtors”), filed a bankruptcy petition on August 8,1989, under Chapter 12 of the Bankruptcy Code, 11 U.S.C. § 1201-1231 . On that date, the Debtors owed the Western Farm Credit Bank (the “Bank”), $469,245.00.

On April 13, 1992, the bankruptcy court confirmed the Debtors’ third-amended plan of reorganization (the “Plan”), in a published opinion. In re Davenport, 158 B.R. 830 (Bankr.E.D.Cal.1992). The Bank filed a timely appeal to the Bankruptcy Appellate Panel (“BAP”). The Bank'contended that the bankruptcy court erred in confirming the Plan because it improperly forced redemption of Farm Credit Stock. The BAP affirmed. In re Davenport, 153 B.R. 551 (9th Cir. BAP 1993). The bank then appealed to this court.

*299 On April 18, 1994, while this appeal was pending, the bankruptcy court granted the Debtors’ motion to dismiss their bankruptcy action. The Debtors did not inform this court of the dismissal until October 17, 1994. The Debtors advised this court that the issue raised in this appeal has become moot. In a letter received by the Clerk on October 19, 1994, the Bank informed this court that the dismissal of the…