Unpublished Disposition, 848 F.2d 198 (9th Cir. 1988)

Frank and Betty Rose Levering (the Leverings) appeal pro se the district court's dismissal of their appeal from the bankruptcy court's order terminating the automatic stay as to Atlas Auto Leasing Company (Atlas) as moot. The Leverings contend their appeal is not moot because (1) the attorney for Atlas prevented them from attending the hearing terminating the automatic stay, (2) the bankruptcy court violated their right to due process, and (3) this court could award damages or equitable relief.

We agree with the district court that the appeal must be dismissed as moot. After the Leverings appealed the bankruptcy court's order terminating the automatic stay to the district court, the bankruptcy court dismissed their Chapter 13 petition. A new stay or award of damages can only be granted while a bankruptcy case is pending. See Armel Laminates v. Lomas (In re Income Property Builders, Inc.), 699 F.2d 963, 964 (9th Cir. 1982). Because this court cannot grant effective relief to the Leverings, their appeal is moot. See Cook v. Fletcher (In re Cook), 730 F.2d 1324, 1326 (9th Cir. 1984) (this court has no jurisdiction to hear a case when subsequent events have occurred which prevent it from granting effective relief).

AFFIRMED.