ADAM LEE V. DANE FIELD, No. 16-15108 (9th Cir. 2018)

Annotate this Case

Download PDF

FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MAY 7 2018 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT In re: ADAM LEE, No. 16-15108 Debtor, ______________________________ D.C. No. 1:15-cv-00472-SOM-BMK ADAM LEE, MEMORANDUM* Plaintiff-Appellant, v. DANE S. FIELD, Trustee, Defendant-Appellee. Appeal from the United States District Court for the District of Hawaii Susan O. Mollway, District Judge, Presiding Submitted February 15, 2018** Honolulu, Hawaii Before: O’SCANNLAIN, CLIFTON, and IKUTA, Circuit Judges. * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Chapter 7 debtor Adam Lee appeals the district court’s order dismissing as moot Lee’s appeal from the bankruptcy court’s order approving a sale of real property. We have jurisdiction under 28 U.S.C. § 158(d)(1). Lee concedes that, because he did not obtain a stay of the sale order, 11 U.S.C. § 363(m) bars him from undoing the sale in this appeal. See In re Onouli-Kona Land Co., 846 F.2d 1170, 1171 (9th Cir. 1988). No exception to the § 363(m) mootness rule is applicable in this context. See In re Filtercorp, Inc., 163 F.3d 570, 576–77 (9th Cir. 1998). We decline to exercise our discretion to grant the trustee’s request that we impose sanctions on Lee. AFFIRMED. 2

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.