Yan Sui v. Richard Marshack , 691 F. App'x 836 ( 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NOT FOR PUBLICATION FILED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. 15-60065
Debtor. BAP No. 15-1200
______________________________
YAN SUI, MEMORANDUM*
Appellant,
v.
RICHARD ALAN MARSHACK,
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.
Chapter 7 debtor Yan Sui appeals pro se from an order of the Bankruptcy
Appellate Panel (“BAP”) dismissing as moot Sui’s appeal of the bankruptcy
*
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).
court’s order approving the sale of 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 Sui’s appeal as moot because the property at
issue 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 Sui’s appeal is moot, we do not consider his arguments addressing
the underlying merits of the appeal.
All pending requests and motions are denied.
AFFIRMED.
2 15-60065