Arzoomanian

Arzoomanian v. State Farm Insurance

Good Law
22 F. App'x 927
United States Court of Appeals for the Ninth CircuitJanuary 2, 2002No. 01-55501; BAP No. CC-00-01365-PKMoCalifornia227 words

Opinion

Lead Opinion

MEMORANDUM **

Vahik and Melina Arzoomanian appeal the Bankruptcy Appellate Panel’s (“BAP”) dismissal of their appeal from the bankruptcy court’s order granting appellees relief from the automatic stay of 11 U.S.C. § 362 (a). The BAP found the appeal moot because the underlying Chapter 7 petition had been granted. We have jurisdiction pursuant to 28 U.S.C. § 158 (d). We review de novo decisions of the BAP, Cool Fuel, Inc. v. Bd. of Equalization (In re Cool Fuel, Inc.), 210 F.3d 999, 1001 (9th Cir.2000), and we affirm.

The BAP properly dismissed appellants’ appeal because an automatic stay pursuant to section 362 immediately dissolves upon issuance of a discharge by the bankruptcy court. See 11 U.S.C. § 362 (c)(2)(C); Bigelow v. Commissioner, 65 F.3d 127, 129 (9th *928 Cir.1995). It is undisputed that the bankruptcy court issued an order of discharge prior to the BAP’s decision. Therefore, the automatic stay was dissolved and the BAP could not grant effective relief. See Cook v. Fletcher (In re Cook), 730 F.2d 1324, 1326 (9th Cir.1984) (dismissing appeal as moot where the chapter 7 discharge was issued after the appeal was filed).

We are unpersuaded by appellants’ remaining…

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