Richard Marshack v. Helvetica Capital Funding LLC

MEMORANDUM

Plaintiff-Appellant Richard Alan Mar-shack, Chapter 7 trustee for the bankruptcy estate of Gayle Mullen, appeals from the bankruptcy court’s order April 4, 2011, granting Defendant-Appellee Helvetica Capital Funding LLC’s motion for confirmation of termination of the stay with respect to debtor under 11 U.S.C. § 362 (c)(3).

He raises two issues: whether the bankruptcy court correctly interpreted 11 U.S.C. § 362 (c)(3)(A), and whether published Bankruptcy Appellate Panel (“BAP”) decisions are binding on bankruptcy courts in future cases.

We have been advised that during the pendency of this appeal, the Mullen bankruptcy estate has satisfied its obligations to Helvetica Capital and, although the underlying bankruptcy proceedings remain ongoing as to other creditors, there is no longer a live controversy between the parties to this appeal. We therefore lack jurisdiction, as the case is moot. See Village of Gambell v. Babbitt, 999 F.2d 403, 406 (9th Oir.1993).

If it determines that a case is moot, an appellate court “must ‘direct the entry of such appropriate judgment, decree, or order, or require such further proceedings to be had as may be just under the…