Thurmann

MEMORANDUM **

David Everett Thurmann appeals from a Bankruptcy Appellate Panel (BAP) decision affirming the bankruptcy court’s decision in part and dismissing as moot Thur-mann’s appeal from the bankruptcy court’s decision in part. We affirm.

I

Thurmann’s appeal from the bankruptcy court’s refusal to set aside the December 2000 Amended Stipulated Order containing the 180-day refiling bar is moot. Even if this court were to vacate the Amended Stipulated Order, it would not retroactively invalidate the foreclosure sale that proceeded in reliance on the 180-day refiling bar in the Amended Stipulated Order that was in effect at the time. Thurmann filed his fourth bankruptcy case in blatant violation of the 180-day refiling bar in the Amended Stipulated Order, and that fourth bankruptcy petition, along with the automatic stay that otherwise would have been triggered by its filing, were void ab initio. Since no valid stay was in place at the time the foreclosure sale occurred and the nonexistent automatic stay in Thurmann’s improperly filed fourth bankruptcy case cannot be imposed retroactively, Thurmann’s appeal from the bankruptcy court’s refusal to set aside the Amended Stipulated…