(6th Cir. Jan. 8, 2016)
The Sixth Circuit affirms the B.A.P.’s decision dismissing the appeal for mootness. The debtor appealed an order converting its case from Chapter 11 to Chapter 7 but did not seek or obtain a stay of the conversion order. The bankruptcy court then authorized a sale of the debtor’s primary asset, which was necessary to any Chapter 11 plan. Because there is no mechanism to unwind the sale or bring the property back into the estate, the appeal is now moot. Opinion below.
Author: Matt Lindblom