Enrique Greenberg v. U.S. National Association ( 2018 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS AUG 27 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
In re: ENRIQUE V. GREENBERG, No. 16-60085
Debtor. BAP No. 16-1350
______________________________
ENRIQUE V. GREENBERG,
Appellant,
v.
UNITED STATES TRUSTEE
Appellee.
Appeal from the Ninth Circuit
Bankruptcy Appellate Panel
Lafferty and Kurtz, Bankruptcy Judges, Presiding
In re: ENRIQUE V. GREENBERG, No. 16-60089
Debtor. BAP No. 16-1212
______________________________
ENRIQUE V. GREENBERG,
Appellant,
v.
U.S. BANK, NATIONAL ASSOCIATION;
et al.
Appellees.
Appeal from the Ninth Circuit
Bankruptcy Appellate Panel
Faris and Lafferty, Bankruptcy Judges, Presiding
In re: ENRIQUE V. GREENBERG, No. 17-60029
Debtor. BAP No. 16-1212
ENRIQUE V. GREENBERG, MEMORANDUM*
Appellant,
v.
U.S. BANK, NATIONAL ASSOCIATION;
et al.
Appellees.
Appeal from the Ninth Circuit
Bankruptcy Appellate Panel
Kurtz, Brand, and Lafferty, Bankruptcy Judges, Presiding
Submitted August 15, 2018**
Before: FARRIS, BYBEE, and N.R. SMITH, Circuit Judges.
*
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).
2 16-60085, 16-60089, 17-60029
Enrique V. Greenberg appeals pro se from the Bankruptcy Appellate Panel’s
(“BAP”) interlocutory orders denying Greenberg’s motions for a stay pending
appeal and an order denying Greenberg’s motion for reconsideration of the BAP’s
order dismissing his appeal as moot. We dismiss these appeals as moot.
After Greenberg filed the instant appeals, this court dismissed his appeal
from a judgment of the BAP affirming the bankruptcy court’s order dismissing
Greenberg’s chapter 11 bankruptcy case as filed in bad faith. See Greenberg v.
United States Trustee, No. 17-60078 (9th Cir. Feb. 14, 2018). Accordingly, these
appeals are rendered moot because this court is unable to grant the requested relief.
See Vegas Diamond Props., LLC v. FDIC, 669 F.3d 933, 936 (9th Cir. 2012) (“An
appeal is moot if no present controversy exists as to which an appellate court can
grant effective relief.”).
DISMISSED.
3 16-60085, 16-60089, 17-60029