James Baumann v. PNC Bank, National Association

Filing

Opinion issued by court as to Appellant James E. Baumann. Decision: Dismissed. Opinion type: Non-Published. Opinion method: Per Curiam. The opinion is also available through the Court's Opinions page at this link http://www.ca11.uscourts.gov/opinions.

Case: 16-12615

Date Filed: 09/01/2017

Page: 1 of 2

[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
No. 16-12615
Non-Argument Calendar
________________________
D.C. Docket Nos. 6:15-cv-00643-PGB; 6:14-bkc-03297-ABB
In re: JAMES E. BAUMANN,
DEBORA K. BAUMANN,
Debtors.
__________________________________________________________________
JAMES E. BAUMANN,
Plaintiff-Appellant,
DEBORA K. BAUMANN,
Plaintiff,
versus
PNC BANK, NATIONAL ASSOCIATION,
Defendant-Appellee.
________________________
Appeal from the United States District Court
for the Middle District of Florida
________________________
(September 1, 2017)

Case: 16-12615

Date Filed: 09/01/2017

Page: 2 of 2

Before HULL, WILSON, and ANDERSON, Circuit Judges.
PER CURIAM:
James Baumann (“Baumann”), proceeding pro se, challenges the district
court’s dismissal of his appeal from a bankruptcy court order for lack of standing.
PNC, NA (“PNC”) is the purported holder of a note on a residence owned by
Baumann and his wife, Deborah. When PNC attempted to foreclose on the
property, Baumann—but not his wife—filed for Chapter 13 bankruptcy. PNC
moved to have the automatic stay lifted with regard to Baumann’s wife, as codebtor on their residence, in order to pursue an in personam suit against her. The
bankruptcy court granted the motion. Baumann challenged that decision in the
district court and his appeal was dismissed for lack of standing because he was not
a “person aggrieved” by the bankruptcy court’s order. This appeal followed.
After the close of briefing in this appeal, Baumann voluntarily dismissed his
Chapter 13 case in the bankruptcy court. Because the issues raised on appeal
involve the terms of Baumann’s Chapter 13 plan, this appeal was thereby rendered
moot. See Neidich v. Salas, 783 F.3d 1215, 1216 (11th Cir. 2015) (“[T]he
dismissal of a Chapter 13 case moots an appeal arising from the debtor’s
bankruptcy proceedings.”). Accordingly, this appeal is
DISMISSED.

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