Stephen Law v. Ezra Brutzkus Gubner LLP ( 2017 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS DEC 26 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
In re: STEPHEN LAW, No. 16-60041
Debtor. BAP No. 15-1248
______________________________
STEPHEN LAW, MEMORANDUM*
Appellant,
v.
EZRA BRUTZKUS GUBNER LLP,
Appellee.
Appeal from the Ninth Circuit
Bankruptcy Appellate Panel
Kurtz, Dunn, and Taylor, Bankruptcy Judges, Presiding
Submitted December 18, 2017**
Before: WALLACE, SILVERMAN, and BYBEE, Circuit Judges.
Chapter 7 debtor Stephen Law appeals pro se from an order of the
Bankruptcy Appellate Panel (“BAP”) dismissing his appeal as moot. We have
*
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).
jurisdiction under 28 U.S.C. § 158(d). We affirm.
In his opening brief, Law fails to address the basis for the BAP’s order
dismissing his appeal. As a result, he has waived any challenges to the order. See
Smith v. Marsh, 194 F.3d 1045, 1052 (9th Cir. 1999) (“[O]n appeal, arguments not
raised by a party in its opening brief are deemed waived.”); Greenwood v. FAA, 28
F.3d 971, 977 (9th Cir. 1994) (“We will not manufacture arguments for an
appellant, and a bare assertion does not preserve a claim . . . .”).
The BAP properly dismissed Law’s appeal of the bankruptcy court’s order
imposing conditions on the release of funds because the appeal was rendered moot
by Law’s later receipt of the funds at issue. 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.”).
The BAP properly declined to address issues not addressed in the
bankruptcy court’s order that is the subject of this appeal. We also decline the
parties’ requests to address issues beyond the scope of this appeal.
AFFIRMED.
2 16-60041