In re: PACIFIC THOMAS CORPORATION v. KYLE EVERETT, Trustee

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
In re: PACIFIC THOMAS
CORPORATION,
Debtor.
______________________________
RANDALL C.M. WHITNEY,
Appellant,
v.
KYLE EVERETT, Trustee,
Appellee.
No. 17-60063
BAP No. 16-1255
MEMORANDUM*
Appeal from the Ninth Circuit
Bankruptcy Appellate Panel
Brand, Jury and Faris, Bankruptcy Judges, Presiding
Submitted May 15, 2018**
Before: SILVERMAN, BEA, and WATFORD, Circuit Judges.
Randall C.M. Whitney appeals pro se from the Bankruptcy Appellate
* 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).
FILED
MAY 24 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 17-60063
Panel’s judgment affirming the bankruptcy court’s order denying Whitney’s
motion for relief from the automatic stay. We have jurisdiction under 28 U.S.C.
§ 158(d). We dismiss.
Our review of the record and the parties’ responses to the court’s November
5, 2017 order to show cause reflects that this appeal is equitably moot, because the
trustee sold the underlying property in 2014, and Whitney has failed to establish
his standing to prosecute on behalf of the debtor a state court challenge to the city’s
Certificates of Compliance. See Motor Vehicle Casualty Co. v. Thorpe Insulation
Co. (In re Thorpe Insulation Co.), 677 F.3d 869, 881 (9th Cir. 2012) (factors to be
considered when deciding whether an appeal is equitably moot).
Whitney’s motion for an extension of time to file a reply to appellee’s
response to the court’s order to show cause (Docket Entry No. 16) is granted. The
reply has been filed at Docket Entry No. 17.
DISMISSED.

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