Fearing
Fearing v. Seror (In re Fearing)
Opinion
Lead Opinion
MEMORANDUM **
The Fearings, Chapter 7 debtors, appeal the denial of their request for an emergency stay and the dismissal of their appeal of the bankruptcy court’s order approving the sale of their residence as moot. Because the Fearings failed to obtain a stay pending appeal and because the district court did not clearly err in affirming the bankruptcy court’s finding that the buyers of appellants’ residence were “good faith purchasers” within the meaning of 11 U.S.C. § 363 (m), we affirm the district court’s dismissal of the Fearings’ appeal as moot.
This court has fashioned, a mootness rule with respect to the appeal of a sale of assets in bankruptcy. “[W]hen, in the absence of a stay of the order of sale, a sale to a ‘good faith purchaser’ has been concluded — an appellate court cannot undo the sale. Because the court cannot provide meaningful relief to the appellant under those circumstances, any appeal of the order of sale thereby becomes moot.” Dunlavey v. Ariz. Title Ins. & Trust Co. (In re Charlton), 708 F.2d 1449, 1454 (9th Cir.1983) (quoting Taylor v. Lake (In re Cada Invs., Inc.), 664 F.2d 1158, 1160 (9th Cir.1981)); see also 11 U.S.C. § 363 (m). There are two…