ASATOUR BAGHDASARIAN V., No. 11-60053 (9th Cir. 2014)

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FILED JAN 02 2014 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT In re: ASATOUR BAGHDASARIAN, No. 11-60053 Debtor, BAP No.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. ยง 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

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