In re: HOWARD FLETCHER THRUSTON v. DAVID M. REAVES, Trustee; NATIONAL BANK OF ARIZONA

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
In re: HOWARD FLETCHER
THRUSTON,
Debtor,
HOWARD FLETCHER THRUSTON,
Appellant,
v.
DAVID M. REAVES, Trustee;
NATIONAL BANK OF ARIZONA,
Appellees.
No. 13-60010
BAP No. 12-1198
MEMORANDUM*
Appeal from the Ninth Circuit
Bankruptcy Appellate Panel
Jury, Pappas, and Kirscher, Bankruptcy Judges, Presiding
Submitted April 22, 2015**
Before: GOODWIN, BYBEE, and CHRISTEN, Circuit Judges.
FILED
MAY 04 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).

-- 1 of 2 --

Howard Fletcher Thruston appeals pro se from the Bankruptcy Appellate
Panel’s (“BAP”) dismissal as moot of his appeal from the bankruptcy court’s order
approving the chapter 7 trustee’s settlement of claims Thruston asserted in state
court against the National Bank of Arizona. We have jurisdiction under 28 U.S.C.
§ 158(d). We review factual findings about mootness for clear error, and review
legal conclusions de novo. In re Mortgages Ltd, 771 F.3d 1121, 1214 (9th Cir.
2014). We affirm.
The BAP properly dismissed Thruston’s appeal as moot because there had
been such a comprehensive change in circumstances as to render it inequitable to
consider the merits of the appeal. See In re Thorpe Insulation Co., 677 F.3d 869,
880-81 (9th Cir. 2012).
In light of our conclusion, we do not consider Thruston’s arguments
regarding the underlying merits.
Thruston’s motion for an extension of time, filed October 29, 2014, is
granted. The Clerk shall file the reply brief submitted November 3, 2014.
Thruston’s requests for oral argument, set forth in his briefs, are denied.
AFFIRMED.
13-60010 2

-- 2 of 2 --