Legal Opinion

In Re: Marco A. Rodriquez and Vanessa M. Rodriquez, Debtors. Mark E. Nieters v. Gary L. Sevcik, Anita L. Shodeen, Trustee

Court of Appeals for the Eighth Circuit

Decided August 2, 2001No. 00-2632PublishedCited by 40 opinions

1Per curiam

Gary L. Sevcik appeals from the district court’s order reversing the bankruptcy court and reinstating an order approving a sale of real estate to Mark E. Nieters. While this appeal was pending, and with no stay pending appeal to inhibit her action, the Chapter 7 Trustee issued a court officer’s deed to Nieters for the property. The Trustee and Nieters contend that because the sale is complete, this appeal is moot. We agree.

Sevcik argues that this court is barred from considering whether the appeal is moot because an administrative panel of this court previously denied the Trustee’s motion to…

2Cases cited8 opinions

  1. Church of Scientology of California v. United StatesSupreme Court of the United States · 1992
  2. United States v. Michael Paul HouserCourt of Appeals for the Ninth Circuit · 1986
  3. Steve Veltman Sue Veltman v. Dennis Whetzal, Chapter 7 Trustee Internal Revenue ServiceCourt of Appeals for the Eighth Circuit · 1996
  4. Ginther v. Ginther TrustsCourt of Appeals for the Fifth Circuit · 2001
  5. United States v. City of MilwaukeeCourt of Appeals for the Seventh Circuit · 1998

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3Cited by40 opinions

  1. Iowa League of Cities v. Environmental Protection AgencyCourt of Appeals for the Eighth Circuit · 2013
  2. Stalnaker v. DLC, Ltd. (In Re DLC, Ltd.)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2003
  3. In Re: Trism, Inc. Trism Heavy Haul, Inc. E.L. Powell & Sons Trucking Co., Inc. Trism Specialized Carriers, Inc. Trism Special Services, Inc. Trism Secured Transportation, Inc. Diablo Systems, D/B/A Diablo Transportation, Inc. Trism Eastern, D/B/A C.I. Whitten Transfer, Inc. Tri-State Motor Transit Co. Aero Body and Truck Equipment, Inc. Trism Logistics, Inc. Trism Equipment, Inc. Trism Transport, Inc. Trism Transport Services, Inc., as Individual Entities and as Debtors in Possession, Debtors. Official Committee of Unsecured Creditors v. Trism, Inc. Trism Heavy Haul, Inc E.L. Powell & Sons Trucking Co., Inc. Trism Specialized Carriers, Inc. Trism Special Services, Inc. Trism Secured Transportation, Inc. Diablo Systems, D/B/A Diablo Transportation, Inc. Trism Eastern, D/B/A C.I. Whitten Transfer, Inc. Tri-State Motor Transit Co. Aero Body and Truck Equipment, Inc. Trism Logistics, Inc. Trism Equipment, Inc. Trism Transport, Inc. Trism Transport Services, Inc., as Individual Entities and as Debtors in Possession Cit Group/business Credit, Inc. Bed Rock, Inc.Court of Appeals for the Eighth Circuit · 2003
  4. Official Committee of Unsecured Creditors v. Farmland Industries, Inc. (In Re Farmland Industries, Inc.)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2003
  5. General Electric Capital Corp. v. MacHinery, Inc. (In Re MacHinery, Inc.)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2002

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