Legal Opinion

Wells Fargo Bank, N.A v. Griffin

Court of Appeals for the Tenth Circuit

Decided December 15, 2008No. 07-3297PublishedCited by 2 opinions

1Opinion of the Court

HOLMES, Circuit Judge.

On September 23, 2008, the Debtors-Appellees (the “Hunts”) converted their underlying bankruptcy case from a proceeding under Chapter 13 to one under Chapter 7, in part because their 2005 Ford Freestar was totaled in an accident. The Hunts now have filed a motion to dismiss the appeal as moot. We conclude that the case is indeed moot due to the Hunts’ conversion of their case to a different bankruptcy code chapter. See In re J.B. Lovell Corp., 876 F.2d 96, 99 (11th Cir. 1989) (“Lovell voluntarily elected to pursue remedies under Chapter 11 rather than continue litigation…

2Cases cited3 opinions

  1. General Motors Acceptance Corp. v. PeasleeDistrict Court, W.D. New York · 2007
  2. Fischbach v. New Mexico Activities Ass'nCourt of Appeals for the Tenth Circuit · 1994
  3. In Re J.B. Lovell Corporation, Debtor. J.B. Lovell Corporation v. Carlisle CorporationCourt of Appeals for the Eleventh Circuit · 1989

3Cited by2 opinions

  1. Ford v. Ford Motor Credit Corp.Court of Appeals for the Tenth Circuit · 2009
  2. In Re HuntCourt of Appeals for the Tenth Circuit · 2008

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