JAMES McKINNEY v. Kondaur Capital Corporation;

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JAMES McKINNEY,
Appellant,
v.
KONDAUR CAPITAL CORPORATION;
et al.,
Appellees.
No. 11-60062
BAP No. 10-1393
MEMORANDUM*
Appeal from the Ninth Circuit
Bankruptcy Appellate Panel
Markell, Mann, and Dunn, Bankruptcy Judges, Presiding
Submitted June 18, 2013**
Before: TALLMAN, M. SMITH, and HURWITZ, Circuit Judges.
James McKinney, a Chapter 7 debtor, appeals pro se from the Bankruptcy
Appellate Panel’s (“BAP”) judgment dismissing as moot his appeal of the
bankruptcy court’s order granting relief from stay to allow appellee Kondaur
FILED
JUN 24 2013
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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Capital Corporation to initiate eviction proceedings. We have jurisdiction under
28 U.S.C. § 158(d). We review de novo BAP decisions, and apply the same
standard of review that the BAP applied to the bankruptcy court’s ruling. Boyajian
v. New Falls Corp. (In re Boyajian), 564 F.3d 1088, 1090 (9th Cir. 2009). 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 eviction
proceedings had been completed, McKinney had withdrawn his defense of the
eviction action, and the property at issue had been sold to third-party good faith
purchasers, rendering the court unable to fashion an effective remedy. See id. at
1180-81 (affirming dismissal on the basis of mootness where property at issue was
sold and court could not grant effective relief); see also Motor Vehicle Cas. Co. v.
Thorpe Insulation Co. (In re Thorpe Insulation Co.), 677 F.3d 869, 880-81 (9th
Cir. 2012) (discussing standard for determining equitable mootness).
McKinney’s contention that the BAP erred by failing to consider his
arguments concerning standing and alleged due process violations is unpersuasive.
AFFIRMED.
11-60062 2

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