Moldo
Lion LLC v. Moldo
Opinion
Lead Opinion
MEMORANDUM **
Lion LLC, a limited liability company of the island of Nevis and the alter ego of its attorney, Reg Fudge, Jr., appeals the decision of the Bankruptcy Appellate Panel which dismissed Lion’s appeal as moot. We agree with the BAP and dismiss also.
(1) The BAP was correct when it determined that this appeal is moot. The prop *710 erty in question has been sold. When that occurs, we are rarely in a position to fashion relief. See Onouli-Kona Land Co. v. Estate of Richards (In re Onouli-Kona Land Co.), 846 F.2d 1170, 1173-74 (9th Cir.1988). That rarity does not exist here. *** Moreover, the sale was to a good faith purchaser, and cannot be modified or set aside. See 11 U.S.C. § 363 (m); Paulman v. Gateway Venture Partners III, L.P. (In re Filtercorp, Inc.), 163 F.3d 570, 577 (9th Cir.1998); Onouli-Kona Land, 846 F.2d at 1173-74 . Thus, we must dismiss this appeal. See Neary v. Padilla (In re Padilla), 222 F.3d 1184, 1189 (9th Cir.2000); Village of Gambell v. Babbitt, 999 F.2d 403, 406 (9th Cir.1993).
(2) In his brief, Byron Z. Moldo, the bankruptcy trustee, asks that we impose damages upon Fudge because he has brought a frivolous appeal before this court. See 28 U.S.C.…