All-Tex, Inc. v. Branford Partners, LLC (In Re Branford Partners, LLC)

FILED
NOT FOR PUBLICATION MAR 25 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
In re: BRANFORD PARTNERS, LLC, No. 08-60051
Debtor, BAP No. CC-08-01044-PaMkK
MEMORANDUM *
ALL-TEX, INC.,
Appellant,
v.
BRANFORD PARTNERS, LLC; BERT F.
FORNACIARI; LINDA COX
FORNACIARI,
Appellees.
Appeal from the Ninth Circuit
Bankruptcy Appellate Panel
Pappas, Klein, and Markell, Bankruptcy Judges, Presiding
Argued and Submitted March 4, 2010
Pasadena, California
Before: CANBY, GOULD and IKUTA, Circuit Judges.
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
We have jurisdiction to review the decision of the Bankruptcy Appellate
Panel under 28 U.S.C. § 158, and we affirm.
In a memorandum disposition to be filed simultaneously with this
disposition, All-Tex, Inc. v. Branford Partners, LLC, No. 08-60052, we have
concluded that Branford Partners, LLC, properly could avoid All-Tex, Inc.’s
alleged liens and interests in the property. Given that decision, All-Tex no longer
had standing to challenge the disbursement of the sale proceeds and its appeal was
moot. See Foster v. Carson, 347 F.3d 742, 745 (9th Cir. 2003); Retail Clerks
Welfare Trust v. McCarty (In re Van de Kamp’s Dutch Bakeries), 908 F.2d 517,
519 (9th Cir. 1990).
Judge Canby would affirm on the ground that the Debtor in Possession did
not abuse its discretion in implicitly concluding that the All-Tex priority claim was
valueless and not worth pursuing on behalf of the estate.
AFFIRMED.
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