Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
IN RE: JAMES E. BAUMANN, DEBORA K. BAUMANN, Debtors. JAMES E. BAUMANN, Plaintiff-Appellant, DEBORA K. BAUMANN, Plaintiff, v. PNC BANK, NATIONAL ASSOCIATION, Defendant-Appellee.
James Baumann (“Baumann”), proceeding pro se, challenges the district court's dismissal of his appeal from a bankruptcy court order for lack of standing. PNC, NA (“PNC”) is the purported holder of a note on a residence owned by Baumann and his wife, Deborah. When PNC attempted to foreclose on the property, Baumann—but not his wife—filed for Chapter 13 bankruptcy. PNC moved to have the automatic stay lifted with regard to Baumann's wife, as co-debtor on their residence, in order to pursue an in personam suit against her. The bankruptcy court granted the motion. Baumann challenged that decision in the district court and his appeal was dismissed for lack of standing because he was not a “person aggrieved” by the bankruptcy court's order. This appeal followed.
After the close of briefing in this appeal, Baumann voluntarily dismissed his Chapter 13 case in the bankruptcy court. Because the issues raised on appeal involve the terms of Baumann's Chapter 13 plan, this appeal was thereby rendered moot. See Neidich v. Salas, 783 F.3d 1215, 1216 (11th Cir. 2015) (“[T]he dismissal of a Chapter 13 case moots an appeal arising from the debtor's bankruptcy proceedings.”). Accordingly, this appeal is
DISMISSED.
PER CURIAM:
Thank you for your feedback!
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.
Docket No: No. 16-12615
Decided: September 01, 2017
Court: United States Court of Appeals, Eleventh Circuit.
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)