National Mass Media Telecommunication Systems, Inc. v. Stanley (In re National Mass Media Telecommunication Systems, Inc.)
Opinion
Lead Opinion
Graber, J.
Plaintiff appealed to the district court from orders of the bankruptcy court relating to the sale of plaintiffs property. The district court dismissed the case as moot, because the sale of plaintiffs property to a non-party prevented the court from granting any of plaintiffs requested relief. We affirm that dismissal.
PROCEDURAL HISTORY
A. Bankruptcy Court
On June 22, 1994, plaintiff National Mass Media Telecommunication Systems, Inc., commenced this Chapter 11 case. Pursuant to 11 U.S.C. § 362 (a), the bankruptcy case automatically stayed lender Cournale & Company’s scheduled foreclosure sale of plaintiffs property.
Thereafter, lender moved for relief from the automatic stay. On October 14,1994, the bankruptcy court required, as a condition to continuing the stay, that plaintiff pay lender an adequate protection payment of $2,500. See 11 U.S.C. §§ 361 and 362(d) (authorizing the court to condition continuance of a stay on an adequate protection payment).
On October 21, 1994, plaintiff filed a notice of appeal to the district court from that order and a motion seeking to stay the order pending the appeal. On October 25, 1994, the bankruptcy court denied plaintiffs request for…