Olympic Coast Investment, Inc. v. Crum (In re Wright)

MEMORANDUM **

Olympic Coast Investment, Inc. (OCI) appeals a memorandum decision of the Ninth Circuit Bankruptcy Appellate Panel (BAP), which affirmed the bankruptcy court’s order overruling OCI’s objection to the proposed bankruptcy distribution that did not include an unsecured claim for OCI, We review the BAP’s determination that OCI’s appeal was equitably moot de novo, see Baker & Drake, Inc. v. Pub. Serv. Comm’n (In re Baker & Drake, Inc.), 35 F.3d 1348, 1351 (9th Cir.1994), and we affirm.

OCI not only failed to obtain a stay from the bankruptcy court, it never even asked for one. See Trone v. Roberts Farms, Inc. (In re Roberts Farms, Inc.), 652 F.2d 793, 795 (9th Cir.1981) (“Appellants did not at any time apply to the bankruptcy judge for a stay.”); cf. Focus Media, Inc. v. Nat’l Broad. Co. (In re Focus Media, Inc.), 378 F.3d 916, 924 (9th Cir.2004) (distinguishing Roberts Farms and declining to apply the equitable mootness doctrine where the appellant requested a stay from the bankruptcy court but was denied).

OCI also failed to make any of the third-parties that would be affected by a decision on the merits — the unsecured creditors — party to its appeal. Although…