Arlene Smith-Scott v. George Liebmann

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to extend filing time [999902149-2]; denying Motion for other relief [999893940-2]; denying Motion for stay pending appeal [999893385-2] Originating case number: 1:15-cv-03423-RDB,USBCt District of MD 14-25022 Copies to all parties and the district court/agency. [999905872].. [16-1325]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 16-1325

ARLENE A. SMITH-SCOTT,
Debtor - Appellant,
v.
HOWARD BANK; U.S.
LIEBMANN, TRUSTEE,

BANK

NATIONAL

ASSOCIATION;

GEORGE

W.

Defendants - Appellees.

Appeal from the United States District Court for the District of
Maryland, at Baltimore.
Richard D. Bennett, District Judge.
(1:15-cv-03423-RDB)

Submitted:

May 31, 2016

Decided:

August 8, 2016

Before KING and THACKER, Circuit Judges, and DAVIS, Senior Circuit
Judge.

Dismissed in part; affirmed in part by unpublished per curiam
opinion.

Arlene A. Smith-Scott, Appellant Pro Se. George W. Liebmann, Orbie
Ray Shively, LIEBMANN & SHIVELY, PA, Baltimore, Maryland; Craig
Burton Leavers, Hunt Valley, Maryland, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Arlene

Smith-Scott

appeals

the

district

court’s

order

dismissing her appeal from the bankruptcy court’s order approving
the bankruptcy trustee’s motion for sale of a parcel of real
property, and affirming the bankruptcy court’s order denying her
motion to alter or amend the order converting her Chapter 11
bankruptcy case to one under Chapter 7.

The bankruptcy trustee

has moved to dismiss the appeal as moot and as barred by res
judicata.

We have reviewed the submissions relative to the motion

to dismiss and have determined that Smith-Scott’s appeal from the
order approving the sale has been rendered moot by the sale of the
property to a good faith purchaser.

See 11 U.S.C. § 363(b) (2012);

Dev. Co. of Am. v. Adamson Co. (In re Adamson Co.), 159 F.3d 896,
897 (4th Cir. 1998) (holding that lessor’s failure to obtain stay
of bankruptcy court’s order authorizing sale of debtor’s assets
and assumption and assignment of debtor’s lease to a good faith
purchaser rendered moot the lessor’s appeal from the authorization
order).

Accordingly, we grant the motion to dismiss in part and

dismiss this portion of the appeal.
As to the appeal from the order denying reconsideration of
the order converting the bankruptcy case to Chapter 7 from Chapter
11, we have reviewed the record and find no reversible error.
Accordingly, we affirm for the reasons stated by the district
court.

Smith-Scott v. Liebmann, No. 1:15-cv-03423-RDB (D. Md.
2

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In light of this disposition, we deny Smith-

Scott’s motion for a stay pending appeal and her motion to appoint
a single judge for the purpose of expediting a decision on her
motion for a stay. We also deny Smith-Scott’s motion for extension
of time to file a reply brief.

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 IN PART;
AFFIRMED IN PART

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