Wikle

MEMORANDUM ***

Appellant C. Douglas Wikle appeals the district court’s dismissal of his “Emergency Motion” to vacate the order of the bankruptcy court allowing the trustee to distribute assets to non-priority creditors as moot. We agree that the issue is moot and therefore affirm the dismissal by the district court.

I.

C. Douglas Wikle served as an attorney in the Chapter 11 bankruptcy of John Douglas Smith. The Smith bankruptcy was eventually converted to a Chapter 7 bankruptcy, and Wikle was replaced as counsel. Wikle filed his “Fifth and Final Fee Application” in the bankruptcy court contending that he possessed a priority claim to approximately $150,000 from the estate’s assets under 11 U.S.C. §§ 380 (a) and 503 for compensation as the debtor’s attorney. The bankruptcy court denied Wikle’s request. Wikle appealed this ruling to the district court in what the parties refer to as the “Fee Appeal” and sought a stay of proceedings in the bankruptcy court—the only proceeding remaining being the distribution of assets to non-priority creditors which would exhaust the estate’s assets. Both the bankruptcy court and district court denied the stay request.

*116 On the same day that…