Wiersma

Wiersma v. Bank of the West (In re Wiersma)

Good Law
227 F. App'x 603
United States Court of Appeals for the Ninth CircuitApril 6, 2007Nos. 05-35246, 05-35248California1,800 words

Opinion

Lead Opinion

MEMORANDUM *

This memorandum disposition resolves the remaining issues in the Chapter 11 *605 bankruptcy case of Jim and Patricia Wi-ersma (“Debtors”) following our published opinion on the jurisdictional issue in Wiersma v. Bank of the West (In re Wiersma), 483 F.3d 933 (9th Cir.2007).

Because Debtors’ appeal of the Secured Status Order was untimely, we lack jurisdiction to review the Order. We address Debtors’ remaining claims below and affirm the Bankruptcy Appellate Panel (“BAP”).

I. Mootness of the Settlement Agreement

Mootness is a jurisdictional issue stemming from the case-or-controversy requirement of Article III, § 2 of the U.S. Constitution. DaimlerChrysler Corp. v. Cuno, — U.S.-, 126 S.Ct. 1854, 1867 , 164 L.Ed.2d 589 (2006) (“The doctrine[ ] of mootness ... originate] in Article Ill’s ‘case’ or ‘controversy’ language, no less than standing does.”). Where it is “impossible for the court to grant any effectual relief whatever to a prevailing party, the appeal is moot and must be dismissed.” Dream Palace v. County of Maricopa, 384 F.3d 990, 1000 (9th Cir.2004) (quotations omitted). However, “an appeal is not moot if the court can fashion some form of meaningful…

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