In re Miller

MEMORANDUM *

Bonnie Snavely appeals, via the District Court, the following orders of the Bankruptcy Court: (1) an order granting debt- or’s motion for turnover of property of the estate; and (2) a decree of partition and order granting an easement to the debtor. The panel dismisses as moot all orders on appeal except for that relating to the easement, which we affirm.

Under 11 U.S.C. § 363 (m), the authorized disposition of property of the estate under 11 U.S.C. § 363 (b) or (c) cannot be reversed if it was not stayed pending appeal. We apply an absolute mootness rule in such situations. In re Filtercorp, Inc., 163 F.3d 570, 577 (9th Cir.1998). The *91 partition order appealed here was authorized under 11 U.S.C. § 363 (b). Thus, the appeal of the partition order is moot because Snavely did not obtain a stay of the partition pending appeal. Id. Because the finality of the partition and the subsequent sales of the property to third parties make turnover impossible, the appeal of the turnover order is also rendered moot. See Nat’l Mass Media Telecomm. Sys., Inc. v. Stanley, 152 F.3d 1178 , 1180 (9th Cir.1998).

The order granting an easement, however, is not rendered moot because…