In re Ray Gordon DAVENPORT & Carolyn Jean Davenport, Debtors.
WESTERN FARM CREDIT BANK; Sierra-Bay Federal Land Bank
Association, Appellants,
v.
Ray Gordon DAVENPORT; Carolyn Jean Davenport, Appellees.
No. 93-15989.
United States Court of Appeals,
Ninth Circuit.
Submitted Nov. 4, 1994.*
Decided Nov. 4, 1994.
Marsha D. Galinsky, Sheppard, Mullin, Richter & Hampton, Los Angeles, CA, for appellants.
Ray Gordon Davenport and Carolyn Jean Davenport, in pro. per.
Appeal from the Ninth Circuit Bankruptcy Appellate Panel.
Before ALARCON and HALL, Circuit Judges, and KING, Senior District Judge.**
In this matter, the appellees, Ray and Carolyn Davenport (the "Debtors"), filed a bankruptcy petition on August 8, 1989, under Chapter 12 of the Bankruptcy Code, 11 U.S.C. Sec. 1201-1231. On that date, the Debtors owed the Western Farm Credit Bank (the "Bank"), $469,245.00.
On April 13, 1992, the bankruptcy court confirmed the Debtors' third-amended plan of reorganization (the "Plan"), in a published opinion. In re Davenport,
On April 18, 1994, while this appeal was pending, the bankruptcy court granted the Debtors' motion to dismiss their bankruptcy action. The Debtors did not inform this court of the dismissal until October 17, 1994. The Debtors advised this court that the issue raised in this appeal has become moot. In a letter received by the Clerk on October 19, 1994, the Bank informed this court that the dismissal of the underlying bankruptcy action "may moot the appeal."
In its letter to the clerk, the Bank requests that "the Ninth Circuit retain jurisdiction over this appeal to resolve this recurring issue, which is of substantial economic significance to the Farm Credit System, which is the nation's largest agricultural lender." The Bank failed to cite any authority in support of this request. We decline to retain jurisdiction in this matter because the Bank has failed to demonstrate that it will be deprived of the opportunity to present this issue in other litigation. This matter has become moot, not because "the challenged action was in its duration too short to be fully litigated prior to its cessation or expiration," Weinstein v. Bradford,
Because the issue raised by the Bank has become moot pending our decision, as a result of the dismissal of the underlying bankruptcy action, we are required to vacate the order of confirmation in order to prevent the decisions of the bankruptcy court and the BAP from having any legal effect on the parties to this action. See United States v. Munsingwear, Inc.,
The order of the bankruptcy court confirming the Debtor's third amended chapter 12 plan of confirmation is VACATED. The decision of the BAP affirming the bankruptcy court's order is
VACATED.