1:04-bk-20521•ERN, LLC
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Case 04-20521 Doc 242 Filed 02/02/05 Page 1 of 4
Case 04-20521 Doc 242 Filed 02/02/05 Page 2 of 4
Case 04-20521 Doc 242 Filed 02/02/05 Page 3 of 4
Case 04-20521 Doc 242 Filed 02/02/05 Page 4 of 4
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Case 04-20521 Doc 242 Filed 02/02/05 Page 1 of 4 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 04-1834 In Re: ERN, LLC, BARON FINANCIAL CORPORATION, Appellant, Versus RONY NATANZON, Party in Interest - Appellee, and LAWRENCE D. COPPEL, Trustee - Appellee, and UNITED STATES TRUSTEE FOR THE DISTRICT OF MARYLAND, Trustee. AUTHENTICATED U.S. GOVERNMENT INFORMATION GPO Case 04-20521 Doc 242 Filed 02/02/05 Page 2 of 4 No. 04-1951 In Re: ERN, LLC, Debtor. BARON FINANCIAL CORPORATION, Appellant, versus RONY NATANZON; ACQUISITION, LLC, Parties in Interest - Appellees, and LAWRENCE D. COPPEL, Trustee - Appellee, and UNITED STATES TRUSTEE FOR THE DISTRICT OF MARYLAND, Trustee. Appeals from the United States District Court for the District of Maryland, at Baltimore. Marvin J. Garbis, Senior District Judge. (CA-04-2111-MJG; BK-04-20521) Submitted: January 12, 2005 Decided: January 31, 2005 Case 04-20521 Doc 242 Filed 02/02/05 Page 3 of 4 Before NIEMEYER, KING, and DUNCAN, Circuit Judges. Dismissed by unpublished per curiam opinion. Brooke Schumm, III, David Bart Goldstein, DANEKER, MCINTIRE, SCHUMM, PRINCE, GOLDSTEIN, MANNING & WIDMANN, PC, Baltimore Maryland, for Appellant. Joel I. Sher, Paul M. Sandler, Robert B. Levin, SHAPIRO, SHER, GUINOT & SANDLER, Baltimore, Maryland; Bradley J. Swallow, GORDON, FEINBLATT, ROTHMAN, HOFFBERGER & HOLLANDER, LLC, Baltimore, Maryland, for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). Case 04-20521 Doc 242 Filed 02/02/05 Page 4 of 4 PER CURIAM: Baron Financial Corporation appeals from the district court’s orders: (1) denying its motion for stay pending appeal (No. 04-1834); and (2) affirming the bankruptcy court’s order authorizing the sale of the debtor’s assets in the underlying bankruptcy proceeding (No. 04-1951). Because the assets have been transferred in accordance with the bankruptcy court’s order and Baron Financial has failed to obtain a stay pending appeal, we grant the motion to consolidate these appeals and dismiss the appeals as moot. ee 11 U.S.C. § 363(m) (1994); Willemain v. Kivitz, 764 F.2d 1019, 1021-24 (4th Cir. 1985) (holding that sale of property to secured creditor while appeal was pending rendered appeal moot); see also In re Stadium Mgmt. Corp., 895 F.2d 845, 847 (lst Cir. 1990) (“absent a stay, the court must dismiss a pending appeal as moot because the court has no remedy that it can fashion even if it would have determined the issues differently”). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. DISMISSED
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