In re: ADAM LEE v. DANE S. FIELD, Trustee

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
In re: ADAM LEE,
Debtor,
______________________________
ADAM LEE,
Plaintiff-Appellant,
v.
DANE S. FIELD, Trustee,
Defendant-Appellee.
No. 16-15108
D.C. No.
1:15-cv-00472-SOM-BMK
MEMORANDUM*
Appeal from the United States District Court
for the District of Hawaii
Susan O. Mollway, District Judge, Presiding
Submitted February 15, 2018**
Honolulu, Hawaii
Before: O’SCANNLAIN, CLIFTON, and IKUTA, Circuit Judges.
FILED
MAY 7 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).

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Chapter 7 debtor Adam Lee appeals the district court’s order dismissing as
moot Lee’s appeal from the bankruptcy court’s order approving a sale of real
property. We have jurisdiction under 28 U.S.C. § 158(d)(1).
Lee concedes that, because he did not obtain a stay of the sale order, 11
U.S.C. § 363(m) bars him from undoing the sale in this appeal. See In re
Onouli-Kona Land Co., 846 F.2d 1170, 1171 (9th Cir. 1988). No exception to the
§ 363(m) mootness rule is applicable in this context. See In re Filtercorp, Inc., 163
F.3d 570, 576–77 (9th Cir. 1998).
We decline to exercise our discretion to grant the trustee’s request that we
impose sanctions on Lee.
AFFIRMED.
2

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