affirming district court's dismissal of bankruptcy appeal as equitably mootSummary of this case from In re One2One Communications, LLC
Submitted: November 3, 2010.
Filed: November 5, 2010.
Appeal from the United States District Court for the Eastern District of Missouri.
Mary Zegeer, Pittsburg, PA, pro se.
Mark V. Bossi, Brian Hockett, Cheryl A. Kelly, David A. Lander, Thompson Coburn, William A. Brasher, Brasher Law Firm, St. Louis, MO, Robert Woods Phillips, Simmons Cooper, E. Alton, IL, for Appellee.
Before LOKEN, MURPHY, and BENTON, Circuit Judges.
Mary Zegeer appeals the district court's affirmance of the bankruptcy court's order confirming the plan of liquidation for President Casinos, Inc. Following careful de novo review, see In re Reynolds, 425 F.3d 526, 531 (8th Cir. 2005), we agree with the district court that Zegeer's appeal was equitably moot: the plan has been substantially consummated; Zegeer did not seek a stay; the relief requested would negatively affect the rights of par-ties not before the court and the success of the plan; and public policy weighs in favor of mootness. See In re Williams, 256 B.R. 885, 8% (8th Cir.BAP 2001) (factors considered in determining equitable mootness). Accordingly, we affirm. See 8th Cir. R. 47B.
The Honorable Catherine D. Perry, Chief Judge, United States District Court for the Eastern District of Missouri.
The Honorable Kathy A. Surratt-States, United States Bankruptcy Judge for the Eastern District of Missouri.