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: Julie Baker ZALLOUM, Debtor. Julie Baker Zalloum, Plaintiff-Appellant, v. River Oaks Community Services Association, Inc., Defendant-Appellee.
Julie Zalloum, proceeding pro se, appeals a district court order which dismissed as moot her appeal from the bankruptcy court's order overruling her objections to the proof of claims filed by River Oaks Community Services Association, Inc.’s in her Chapter 13 bankruptcy proceeding. The district court ruled that Ms. Zalloum's challenges were moot because her Chapter 13 case had been dismissed by the bankruptcy court.
Ms. Zalloum argues that the district court erred in dismissing her appeal as moot because (1) an ongoing controversy exists between River Oaks and herself, and (2) the bankruptcy court retains jurisdiction and continues to enter orders relating to other disputes. She also claims that the bankruptcy court erred when it overruled her objections to River Oaks’ proofs of claims.
We sit as a second court of review in bankruptcy matters, independently examining the factual and legal determinations of the bankruptcy court, and employing the same standards of review as the district court. See in re Optical Techs., Inc., 425 F.3d 1294, 1299-300 (11th Cir. 2005). We review de novo the bankruptcy court's and district court's legal conclusions, and review the bankruptcy court's factual findings for clear error. See id. at 1300. Mootness is a question of law subject to de novo review. See Christian Coal. of Fla., Inc. v. United States, 662 F.3d 1182, 1188 (11th Cir. 2011).
Article III of the Constitution limits federal court jurisdiction to cases and controversies. See id. at 1189. Accordingly, federal courts cannot offer advisory opinions on moot questions or on abstract propositions. See id. And federal courts cannot declare principles or rules of law outside those implicated by the matter directly before them. See id. A live controversy must exist at all stages of review. See id. at 1189-90.
A bankruptcy court's dismissal of a debtor's Chapter 13 case moots an appeal arising from the bankruptcy proceedings because, after dismissal, no Chapter 13 plan exists. See Neidich v. Salas, 783 F.3d 1215, 1216 (11th Cir. 2015) (holding that the dismissal of a Chapter 13 case moots an appeal arising from the debtor's bankruptcy proceedings). Applying Salas to this case, the appeal is moot because Ms. Zalloum's Chapter 13 case was dismissed and there is no Chapter 13 proceeding to which Ms. Zalloum could object. We cannot grant any meaningful relief to Mrs. Zalloum in this appeal.
APPEAL DISMISSED.
PER CURIAM:
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. 17-11853
Decided: March 05, 2018
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)