Levester Thompson v. Harry Shaia, Jr.

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 3:10-cv-00919-JRS,3:04-bk-33506-DOT Copies to all parties and the district court/agency. [999000385].. [11-2052]

Appeal: 11-2052

Doc: 40

Filed: 12/12/2012

Pg: 1 of 2

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 11-2052

LEVESTER THOMPSON, M.D.,
Debtor - Appellant,
v.
HARRY SHAIA, JR.,
Trustee - Appellee.

Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond.
James R. Spencer, District
Judge. (3:10-cv-00919-JRS; 3:04-bk-33506-DOT)

Submitted:

November 30, 2012

Decided:

December 12, 2012

Before WILKINSON, KING, and THACKER, Circuit Judges.

Dismissed by unpublished per curiam opinion.

William J. Stevens, Bridgman, Michigan, for Appellant. W. Scott
Dillard II, SPINELLA, OWINGS & SHAIA, P.C., Richmond, Virginia,
for Appellee.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 11-2052

Doc: 40

Filed: 12/12/2012

Pg: 2 of 2

PER CURIAM:
Levester

Thompson

appeals

from

the

district

court’s

order affirming the bankruptcy court’s denial of his motion to
reopen his bankruptcy case.

Because the funds of the bankruptcy

estate have been fully disbursed and cannot be recovered, and
because Thompson has not shown cause for reopening the case, we
dismiss the appeal as moot.

See In re Stadium Mgt. Corp., 895

F.2d 845, 847 (1st Cir. 1990) (“Absent a stay, the court must
dismiss a pending appeal as moot because the court has no remedy
that

it

can

fashion[.]”).

We

dispense

with

oral

argument

because the facts and legal contentions are adequately presented
in the materials before this court and argument would not aid
the decisional process.
DISMISSED

2