Nugent
Nugent v. American Broadcasting Systems, Inc.
Opinion
Lead Opinion
MEMORANDUM
Patrick and Anita Nugent (the “Nu-gents”) appeal from an order of the Bankruptcy Appellate Panel affirming an order of the bankruptcy court. The bankruptcy court found that the Debtors’ confirmed plan of reorganization bars the constructive trust claim that the Nugents seek to press against the Debtors in a lawsuit filed in federal district court. We affirm.
I.
We reject the Debtors’ argument that three district court orders that were entered after the Nugents filed their notice of appeal render the Nugents’ appeal moot. 2 The 1999 Summary Judgment Order does not render the appeal moot because the district court has not yet entered final judgment in the district court litiga *634 tion. See League of United Latin Am. Citizens v. Wilson, 131 F.3d 1297 , 1301 n. I (9th Cir.1997). Although the August 5, 1999 Emergency Stay Order and the October 19, 1999 Mootness Order resulted in a distribution of funds from the bankruptcy estate, the Nugents’ constructive trust claim provides an alternate claim against the remaining funds. Because this court could fashion effective relief as to the remaining $2.9 million, the appeal is not moot. See Spirtos v. Moreno (In re Spir-tos),…