Westfall

Westfall v. Mil Liquidation, Inc.

Good Law
317 F. App'x 679
United States Court of Appeals for the Ninth CircuitMarch 9, 2009No. 07-56536California201 words

Opinion

Lead Opinion

MEMORANDUM *

Willard Westfall appeals from the district court’s decision affirming the bankruptcy court’s order striking his class proof of claim in the liquidation of Mil Liquidation, Inc. and its subsidiary, AHP Liquidation, LLC. 1 Westfall’s appeal is moot because this court cannot fashion an effective remedy under the terms of the confirmed and substantially implemented plan of liquidation. See In re Focus Media, Inc., 378 F.3d 916, 922-23 (9th Cir.2004); In re Roberts Farms, Inc., 652 F.2d 793, 797-98 (9th Cir.1981): Furthermore, because Westfall abandoned his direct appeal of the confirmation order and failed to obtain a stay of the bankruptcy proceedings in this appeal, and because any remedy would adversely effect the interests of third party creditors not before the court, his claim is equitably moot. See Roberts Farms, 652 F.2d at 798 ; In re Combined Metals Reduction Co., 557 F.2d 179, 187-93 (9th Cir.1977); see also In re Baker & Drake, Inc., 35 F.3d 1348, 1351-52 (9th Cir.1994).

DISMISSED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

. Appellee's Request for Judicial Notice and Appellant's Request…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.