02-30882•Summary Calendar IN THE MATTER OF: JOHNSON PROPERTIES INC Debtor - - - - - - - - - -… v. Martin Schott
02-30882Court of Appeals for the Fifth Circuit21 de abr. de 2003
*Pursuant to 5TH CIR. R. 47.5, the Court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
United States Court of Appeals
Fifth Circuit
F I L E D
April 17, 2003
Charles R. Fulbruge III
Clerk
UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-30882
Summary Calendar
IN THE MATTER OF: JOHNSON PROPERTIES INC
Debtor
- - - - - - - - - - - - -
GREG WILLIAMS; JIM BIDDIX, Estate of;
MARTHA BIDDIX, Estate of,
Appellants,
v.
MARTIN SCHOTT,
Appellee.
______________________________________________
Appeal from the United States District Court for the
Middle District of Louisiana, Baton Rouge
(01-CV-875)
______________________________________________
Before BARKSDALE, DeMOSS and BENAVIDES, Circuit Judges.
PER CURIAM:*
Appellants seek review of the district court’s dismissal of
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their appeal from the result of an adversary proceeding in the
bankruptcy court. Dissatisfied with the amounts awarded to them in
the adversary proceedings for their pre- and post-petition claims,
they sought an appeal to the district court. However, the
bankruptcy court approved the trustee’s plan for disposition of the
assets and payment to creditors (including appellants). The
trustee plan had been confirmed and executed, the assets of the
debtor sold, and payments to creditors made pursuant to the
trustee’s confirmed plan. The bankruptcy case was closed during
the pending of appellants’ appeal to the district court.
Significantly, appellants sought no stay of the bankruptcy court’s
order approving and confirming the plan. The plan having been
fully executed, the district court dismissed the appeal as moot.
We agree that appellants’ claims become moot. We have reviewed
appellants’ arguments and the record and find no merit to any of
appellants’ arguments in support of their claim that this appeal
has not been rendered moot. Accordingly, the judgment of the
district court is
AFFIRMED.
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