Baxley v. North Mountain Enterprises, LLC

Filing 9

Order Dismissing Appeal of Bankruptcy Decision. Signed by District Judge Martin Reidinger on March 29, 2011. (jhg)

Baxley v. North Mountain Enterprises, LLC

Doc. 9

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION CIVIL CASE NO. 1:10cv165

In re: MICHAEL D. BAXLEY,

) ) Debtor. ) _______________________________ ) ) MICHAEL D. BAXLEY, ) ) Appellant, ) ) vs. ) ) NORTH MOUNTAIN ENTERPRISES, ) LLC, ) ) Appellee. ) _______________________________ )

Bankruptcy Case No. 10-10396

ORDER

THIS MATTER is before the Court on the Debtor's appeal of the Order granting North Mountain Enterprises, LLC's Motion to Compel Assumption and Assignment of Lease Affecting Plan [Bankr. Case No. 1010396, Doc. 44] entered by the Bankruptcy Court on August 6, 2010. On January 5, 2011, the Bankruptcy Court entered an Order dismissing the underlying Chapter 13 proceeding on the grounds that the debtor failed to make a required payment to the Chapter 13 Trustee as

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previously ordered. [Id., Doc. 68]. No appeal has been taken from that Order. As such, the Appellant's appeal is now moot. Accordingly, IT IS, THEREFORE, ORDERED that this appeal is hereby DISMISSED. IT IS SO ORDERED.

Signed: March 29, 2011

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