Kaplan

Kaplan v. WLB-RSK Venture

Good Law
223 F. App'x 555
United States Court of Appeals for the Ninth CircuitFebruary 22, 2007No. 04-57200California749 words

Opinion

Lead Opinion

MEMORANDUM **

Raymond S. Kaplan appeals the decision of the Ninth Circuit Bankruptcy Appellate Panel (“BAP”) affirming the dismissal of his involuntary petition against alleged debtor WLB-RSK Venture (“Venture”).

The facts are well known to the parties, and we do not recite them here.

We begin by addressing Appellees’ argument that this appeal is moot because Venture’s principal asset has been sold in foreclosure sale. A “mootness inquiry focuses upon whether we can still grant relief between the parties.” In re Pattullo, 271 F.3d 898, 901 (9th Cir.2001) (order). “If an event occurs while a case is pending on appeal that makes it impossible for the court to grant any effectual relief whatever to a prevailing party, the appeal is moot and must be dismissed.... However, while a court may not be able to return the parties to the status quo ante ..., an appeal is not moot if the court can fashion some form of meaningful relief .... ” Id. (quoting United States v. Arkison (In re Cascade Rds.), 34 F.3d 756, 759 (9th Cir. 1994) (ellipses in original)). “Collateral consequences of a judgment may forestall the mootness of a case.” Allard v. DeLo *557 rean, 884 F.2d 464 , 466 n. 1 (9th…

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