In re Griffin

Good Law
2001 WL 432419·261 B.R. 467·2001 U.S. Dist. LEXIS 5147
United States District Court, Northern District of CaliforniaApril 16, 2001No. C 00-04713 CRB; Bankruptcy No. 98-71464California1,235 words

Opinion

Lead Opinion

Breyer, J.

ORDER

Now before the Court is the motion by trustee/appellee Ruth E. Strickling (“trustee”) to dismiss the appeal of appellant/debtor Alan E. Griffin (“appellant”) from the Order Authorizing Trustee to Sell Real Property Free and Clear of Homestead Exemption and Claims or Interests and Transferring Same to Proceeds of Sale, entered by the United States Bankruptcy Court for the Northern District of California on November 20, 2000, on the grounds that the appeal is moot and the appellant has failed to perfect the appeal pursuant to Federal Rule of Bankruptcy Procedure (“FRBP”) 8006. Having carefully considered the papers submitted by the parties, and having had the benefit of oral argument on April 6, 2001, the motion to dismiss is GRANTED.

I. BACKGROUND

Pursuant to a divorce decree, the Superior Court of Contra County (“the Superi- or Court”) ordered appellant’s residence to be sold to pay spousal support. On January 30, 1998, Superior Court Judge Maria P. Rivera ordered appellant to vacate the property and authorized the clerk of the court to sign all documents necessary to complete the sale on the appellant’s behalf. On the same day, the appellant’s former wife and the…

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