In re: SCOTT C. TOWNLEY; STEPHANIE TASHIRO-TOWNLEY v. K. MICHAEL FITZGERALD, Trustee

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
In re: SCOTT C. TOWNLEY;
STEPHANIE TASHIRO-TOWNLEY,
Debtors,
SCOTT C. TOWNLEY; STEPHANIE
TASHIRO-TOWNLEY,
Appellants,
v.
K. MICHAEL FITZGERALD, Trustee,
Appellee.
No. 12-60001
BAP No. 10-1397
MEMORANDUM*
Appeal from the Ninth Circuit
Bankruptcy Appellate Panel
Jury, Wallace, and Pappas, Bankruptcy Judges, Presiding
Submitted January 21, 2014**
Before: CANBY, SILVERMAN, and PAEZ, Circuit Judges.
FILED
JAN 27 2014
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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Scott C. Townley and Stephanie Tashiro-Townley appeal pro se from the
Bankruptcy Appellate Panel’s (“BAP”) judgment dismissing as moot their appeal
from the bankruptcy court’s order denying confirmation of their Chapter 13 plan
and dismissing their case. We have jurisdiction under 28 U.S.C. § 158(d). 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 debtors failed
to seek a stay of the foreclosure sale pending appeal. See Onouli-Kona Land Co. v.
Estate of Richards (In re Onouli-Kona Land Co.), 846 F.2d 1170, 1171 (9th Cir.
1988) (“Bankruptcy’s mootness rule applies when an appellant has failed to obtain
a stay from an order that permits a sale of a debtor’s assets.”).
The debtors’ request, filed on March 9, 2012, that this court take judicial
notice of a motion in another case is denied.
AFFIRMED.
12-60001 2

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