North Valley County Water & Sewer District, Inc. v. Valley Park, Inc.

MEMORANDUM *

The appellants appeal the district court’s order dismissing as equitably moot their appeal from the bankruptcy court’s confirmation of a Chapter 11 plan. We *445 have jurisdiction under 28 U.S.C. § 158 (d), and we affirm.

The district court held that the appeal was moot because the confirmed bankruptcy plan had been substantially consummated. 2 The district court relied on four facts in reaching this conclusion: (1) the transfer of property from the Valley Park Liquidating Trust (“the Trust”) to the St. Marie Development Corporation (“the Corporation”); (2) the assumption of that property by the Corporation; (3) the distribution of stock by the Corporation to claimants; and (4) the release of hens by most of the claimants. According to both parties at oral argument, since the district court issued its opinion, at least some of the property that was transferred to the Corporation under the confirmed plan has been sold to third parties.

We agree that the confirmed plan has been substantially consummated. A plan has been substantially consummated if substantially all of the property has been transferred, the debtor or its successor has taken control of substantially…