Ellis

Ellis v. Emery

Good Law
109 F. App'x 153
United States Court of Appeals for the Ninth CircuitAugust 19, 2004Nos. 02-17433, 03-15242California395 words

Opinion

Lead Opinion

MEMORANDUM **

William S. Ellis, Jr., the sole equity security holder of Chapter 11 Debtor Upland Partners, appeals pro se the district court’s judgments dismissing as moot his appeal from the bankruptcy court’s order approving the sale of the bankruptcy estate’s real property to KRS Development, Inc., and his appeal from the bankruptcy court’s preliminary injunction prohibiting Ellis from selling this property in a nonjudicial foreclosure auction. We have jurisdiction under 28 U.S.C. § 1291 . We review mootness de novo. In re Arnold & Baker Farms (Arnold & Baker Farms v. United States), 85 F.3d 1415 , 1419 (9th Cir.1996). We affirm the district court’s dismissals.

*155 In Appeal No. 02-17433, the district court properly concluded that Ellis’s appeal of the bankruptcy court’s order approving the sale of the real property was moot, because the sale and associated transactions had been completed, and Ellis had not obtained a stay pending appeal. See In re Onouli-Kona Land Co. (Onouli-Kona Land Co. v. Richards), 846 F.2d 1170, 1171 (9th Cir.1988); 11 U.S.C. § 363 (m). Contrary to Ellis’s contention, the bankruptcy court was not required to make an explicit good faith purchaser…

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