Ross H. Briggs v. John v. Labarge, Jr.

In this Chapter 13 bankruptcy matter, the debtor’s attorney, Ross Briggs, appeals from an order of the Bankruptcy Appellate Panel (BAP) dismissing as moot his appeal from the bankruptcy court’s 1 order denying him attorney’s fees. For reversal, Briggs argues, inter alia, that the BAP erroneously dismissed his initial appeal as moot where it was still possible to order the debtor to pay the disputed attorney’s fees and where the issue was “capable of repetition yet evading review.”

The BAP dismissed Briggs’s initial appeal upon the trustee’s motion after the debtor had fulfilled his obligations…