In Re John Michael Ross and Mary Ann Ross, Debtors.john Michael Ross, Appellant, v. Homefed Bank, Now Doing Business As National Home Mortgagecorporation, Appellee, 116 F.3d 485 (9th Cir. 1997)

 Annotate this Case
US Court of Appeals for the Ninth Circuit - 116 F.3d 485 (9th Cir. 1997) Submitted June 3, 1997. *June 5, 1997

Appeal from the United States District Court for the Southern District of California, No. 94-00550-NAJ; Napoleon A. Jones, District Judge, Presiding

Before NORRIS, LEAVY, and TASHIMA, Circuit Judges.

MEMORANDUM** 

Bankruptcy debtor John Michael Ross, an attorney, appeals pro se the district court's dismissal, as moot, of his appeal from two bankruptcy court orders lifting the automatic stay, pursuant to 11 U.S.C. § 362(d), as to creditor National Home Mortgage Corporation, formerly known as Homefed Bank, and validating the foreclosure sale of Ross's property.

"Bankruptcy's mootness rule applies when an appellant has failed to obtain a stay from an order that permits a sale of a debtor's assets." In re Onouli-Kona Land Co. (Onouli-Kona Land Co. v. Estate of Richards), 846 F.2d 1170, 1171 (9th Cir. 1988). In this case, Ross failed to obtain a stay, and the exceptions to the mootness rule do not apply to this case. Consequently, we dismiss the appeal as moot, See id.

DISMISSED.

 *

The panel unanimously finds this case suitable for decision without oral argument. See Fed. R. App. P. 34(a); 9th Cir. R. 34-4

 **

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.