Nancy K. Neidich v. Edward R. Salas

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Date Filed: 04/17/2015

# IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT

No. 14-13768

D.C. Docket No. 1:14-cv-21236-RSR

NANCY K. NEIDICH, Trustee

Plaintiff - Appellant,

versus

EDWARD R. SALAS,

Debtor - Appellee.

Appeal from the United States District Court
for the Southern District of Florida

Before JORDAN, JULIE CARNES, Circuit Judges, and GOLDBERG, Judge.

JORDAN, Circuit Judge:

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The primary question in this bankruptcy appeal is whether a debtor can, in
his Chapter 13 plan, deduct from his disposable income scheduled payments on a
secured mortgage debt, even though he is not making those payments. We leave
this question for another day because, due to events taking place after the appeal
was filed, the case has become moot.

A case becomes moot when "it is impossible for a court to grant any
effectual relief whatever to the prevailing party." Chafin v. Chafin, 133 S. Ct.
1017, 1023 (2013) (internal quotations and citations omitted). Months after the
parties filed their briefs, Edward Salas - the debtor - asked the bankruptcy court to
dismiss his Chapter 13 case without prejudice so that he could attempt to avoid
foreclosure on his home. The district court granted the requested relief, and
dismissed Mr. Salas' case without prejudice. So, as things stand now, Mr. Salas
does not have a Chapter 13 plan containing the deduction that the trustee objects
to.

Given the dismissal of Mr. Salas' Chapter 13 case, any ruling on our part
would amount to an impermissible advisory opinion concerning the propriety of
the challenged deduction. We therefore join the Tenth, Ninth, and Seventh
Circuits, as well as the Bankruptcy Appellate Panels of the First and Eighth
Circuits, in holding that the dismissal of a Chapter 13 case moots an appeal arising
from the debtor's bankruptcy proceedings. See In re Patullo, 271 F.3d 898, 901

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(9th Cir. 2001); Belda v. Marshall, 416 F.3d 618, 620-21 (7th Cir. 2005); In re
Gordon, 743 F.3d 720, 722 (10th Cir. 2014); Melo v. GMAC Mortg., LLC, 496
B.R. 253, 256 (B.A.P. 1st Cir. 2013); In re Spencer, 301 B.R. 730, 733 (B.A.P. 8th
Cir. 2003).

The trustee's appeal is dismissed, and the decisions of the district and
bankruptcy courts on this matter are vacated pursuant to United States v.
Munsingwear, Inc., 340 U.S. 36, 39, 71 S. Ct. 104, 106 (1950).

APPEAL DISMISSED AS MOOT.