Baghdasarian v. SRT Partners, LLC ( 2014 )

FILED
NOT FOR PUBLICATION JAN 02 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
In re: ASATOUR BAGHDASARIAN, No. 11-60053
Debtor, BAP No. 10-1277
ASATOUR BAGHDASARIAN, MEMORANDUM*
Appellant,
v.
SRT PARTNERS, LLC,
Appellee.
Appeal from the Ninth Circuit
Bankruptcy Appellate Panel
Dunn, Markell, and Kirscher, Bankruptcy Judges, Presiding
Submitted December 17, 2013**
Before: GOODWIN, WALLACE, and GRABER, Circuit Judges.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
Asatour Baghdasarian appeals pro se from the Bankruptcy Appellate Panel’s
(“BAP”) judgment dismissing as moot Baghdasarian’s appeal from the bankruptcy
court’s grant of relief from stay, allowing SRT Partners to proceed with an
unlawful detainer action after purchasing Baghdasarian’s property in a foreclosure
sale. We have jurisdiction under 28 U.S.C. § 158(d). We review de novo a
determination that an appeal from a bankruptcy court decision 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 the appeal as moot because the bankruptcy
court had dismissed Baghdasarian’s case and the property at issue had been sold to
a non-party. See Doe v. Madison Sch. Dist. No. 321, 177 F.3d 789, 797-98 (9th
Cir. 1999) (“If an action or a claim loses its character as a live controversy, then
the action or claim becomes ‘moot,’ and we lack jurisdiction to resolve the
underlying dispute.”); In re Nat’l Mass Media Telecomm. Sys., Inc., 152 F.3d at
1180 (sale of debtor’s property to a non-party renders claims moot if debtor seeks
only a return of his property).
SRT Partners’s amended request to supplement the record on appeal, filed
on December 6, 2012, is denied.
AFFIRMED.
2 11-60053