Yan Sui v. Richard Marshack , 691 F. App'x 365 ( 2017 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS MAY 18 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
In re: YAN SUI, No. 15-60066
Debtor. BAP No. 14-1498
______________________________
PEI-YU YANG, MEMORANDUM*
Appellant,
v.
RICHARD ALAN MARSHACK, Chapter 7
Trustee,
Appellee.
Appeal from the Ninth Circuit
Bankruptcy Appellate Panel
Dunn, Kurtz, and Pappas, Bankruptcy Judges, Presiding
Submitted May 8, 2017**
Before: REINHARDT, LEAVY, and NGUYEN, Circuit Judges.
Pei-Yu Yang appeals pro se from an order of the Bankruptcy Appellate
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
Panel (“BAP”) dismissing as moot Yang’s appeal of the bankruptcy court’s order
requiring Yang to turnover real property. We have jurisdiction under 28 U.S.C.
§ 158(d). We review de novo the BAP’s determination that a bankruptcy appeal is
moot. Nat’l Mass Media Telecomm. Sys., Inc. v. Stanley (In re Nat’l Mass Media
Telecomm. Sys., Inc.), 152 F.3d 1178, 1180 (9th Cir. 1998). We affirm.
The BAP properly dismissed Yang’s appeal as moot because the property
was conveyed to a third party which prevented the BAP from granting effective
relief. See id. at 1180-81 (affirming dismissal on the basis of mootness where the
sale of the property to a non-party prevented the court from granting effective
relief).
Because Yang’s appeal is moot, we do not consider her arguments
addressing the underlying merits of the appeal.
All pending requests and motions are denied.
AFFIRMED.
2 15-60066