ERN, LLC

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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UNPUBLISHED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Dismissed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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