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    Central WV Dev Corp v. Fry, 4th Cir. (1999)

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    This document summarizes an unpublished opinion from the United States Court of Appeals for the Fourth Circuit regarding an appeal from Central West Virginia Development Corporation (CWVDC) of the district court's dismissal of its appeal from the bankruptcy court's dismissal of CWVDC's Chapter 11 bankruptcy petition. The Fourth Circuit granted Lloyd B. Fry's motion to dismiss CWVDC's appeal as moot because CWVDC's sole asset had already been transferred to Fry and CWVDC failed to obtain a stay of the transfer pending appeal. As such, the court had no remedy it could provide even if it disagreed with the lower courts' rulings.

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    Central WV Dev Corp v. Fry, 4th Cir. (1999)

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    This document summarizes an unpublished opinion from the United States Court of Appeals for the Fourth Circuit regarding an appeal from Central West Virginia Development Corporation (CWVDC) of the district court's dismissal of its appeal from the bankruptcy court's dismissal of CWVDC's Chapter 11 bankruptcy petition. The Fourth Circuit granted Lloyd B. Fry's motion to dismiss CWVDC's appeal as moot because CWVDC's sole asset had already been transferred to Fry and CWVDC failed to obtain a stay of the transfer pending appeal. As such, the court had no remedy it could provide even if it disagreed with the lower courts' rulings.

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    Filed: 1999-10-26 Precedential Status: Non-Precedential Docket: 98-1443

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    This document summarizes an unpublished opinion from the United States Court of Appeals for the Fourth Circuit regarding an appeal from Central West Virginia Development Corporation (CWVDC) of the district court's dismissal of its appeal from the bankruptcy court's dismissal of CWVDC's Chapter 11 bankruptcy petition. The Fourth Circuit granted Lloyd B. Fry's motion to dismiss CWVDC's appeal as moot because CWVDC's sole asset had already been transferred to Fry and CWVDC failed to obtain a stay of the transfer pending appeal. As such, the court had no remedy it could provide even if it disagreed with the lower courts' rulings.

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    7 views3 pages

    Central WV Dev Corp v. Fry, 4th Cir. (1999)

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    Scribd Government Docs
    This document summarizes an unpublished opinion from the United States Court of Appeals for the Fourth Circuit regarding an appeal from Central West Virginia Development Corporation (CWVDC) of the district court's dismissal of its appeal from the bankruptcy court's dismissal of CWVDC's Chapter 11 bankruptcy petition. The Fourth Circuit granted Lloyd B. Fry's motion to dismiss CWVDC's appeal as moot because CWVDC's sole asset had already been transferred to Fry and CWVDC failed to obtain a stay of the transfer pending appeal. As such, the court had no remedy it could provide even if it disagreed with the lower courts' rulings.

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 98-1443

    In Re: CENTRAL
    CORPORATION,

    WEST

    VIRGINIA

    DEVELOPMENT
    Petitioner.

    _________________________
    CENTRAL WEST VIRGINIA DEVELOPMENT CORPORATION,
    Plaintiff - Appellant,
    versus
    LLOYD B. FRY,
    Defendant - Appellee,
    and
    UNITED STATES TRUSTEE; ERROL R. KOHOUN; PAMELA
    L. KOHOUN,
    Parties in Interest.

    Appeal from the United States District Court for the Northern District of West Virginia, at Clarksburg. Robert Earl Maxwell, Senior
    District Judge. (CA-97-181-1, BK-97-11776)

    Submitted:

    October 21, 1999

    Decided:

    October 26, 1999

    Before WIDENER and TRAXLER, Circuit Judges, and BUTZNER, Senior


    Circuit Judge.
    Dismissed by unpublished per curiam opinion.

    David Anthony Glance, Fairmont, West Virginia, for Appellant.


    Jeffrey Alan Kimble, ROBINSON & MCELWEE, Clarksburg, West Virginia;
    Michael Anthony Staudt, Sidney, Ohio, for Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    See Local Rule 36(c).

    PER CURIAM:
    Central West Virginia Development Corporation (CWVDC) appeals
    from the district courts order dismissing as moot its appeal from
    the bankruptcy courts order dismissing its petition under Chapter
    11 of the bankruptcy code.

    Because the sole asset owned by CWVDC

    has been transferred to Fry and CWVDC has failed to obtain a stay
    pending appeal, we grant Frys motion to dismiss the appeal as
    moot.

    See 11 U.S.C. 363(m) (1994); Willemain v. Kivitz, 764 F.2d

    1019, 1021-24 (4th Cir. 1985) (holding that sale of property to


    secured creditor while appeal was pending rendered appeal moot);
    see also In re Stadium Management Corp., 895 F.2d 845, 847 (1st
    Cir. 1990) (absent a stay, the court must dismiss a pending appeal
    as moot because the court has no remedy that it can fashion even if
    it would have determined the issues differently.).

    We deny

    CWVDCs motion to strike Frys motion to dismiss the appeal and


    grant Frys motion to dispense with oral argument because the facts
    and legal contentions are adequately presented in the materials
    before the court and argument would not aid in the decisional
    process.

    DISMISSED

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