In re: PETER F. BRONSON and SHERRI L. BRONSON v. Thomas M. Thompson

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
In re: PETER F. BRONSON and SHERRI
L. BRONSON,
Debtors,
PETER F. BRONSON and SHERRI L.
BRONSON,
Appellants,
v.
THOMAS M. THOMPSON,
Appellee.
No. 13-60089
BAP No. 12-1368
MEMORANDUM*
Appeal from the Ninth Circuit
Bankruptcy Appellate Panel
Markell, Dunn, and Jury, Bankruptcy Judges, Presiding
Submitted July 27, 2015 **
San Francisco, California
Before: D.W. NELSON, CANBY, and NOONAN, Circuit Judges.
FILED
JUL 29 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

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Peter and Sherri Bronson appeal pro se the decision of the Bankruptcy
Appellate Panel dismissing as moot their appeal from the bankruptcy court’s denial
of their Fed. R. Civ. P. 60(b) motion for reconsideration of an order granting relief
from the automatic stay. We have jurisdiction pursuant to 28 U.S.C. § 158(d). We
review de novo the BAP’s mootness determination, 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), and we affirm.
Bankruptcy’s mootness rule applies when a debtor has failed to obtain a stay
from an order permitting sale of an asset. In re Onouli-Kona Land Co., 846 F.2d
1170, 1171 (9th Cir. 1988). Here, the Bronsons failed to obtain a stay from the
bankruptcy court’s 2008 order permitting Thompson to foreclose on the office
building, and have failed to show that any exception to the mootness rule applies to
their case. See id. at 1172-73. Consequently, we dismiss this appeal as moot.
DISMISSED.
2

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