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Soto v. Doral Bank

United States Bankruptcy Appellate Panel of the First Circuit

May 8, 2013

EDWIN SEPULVEDA SOTO and ARLENE LISETTE GONZALEZ RIVERA, Debtors.
v.
DORAL BANK, Appellee. EDWIN SEPULVEDA SOTO and ARLENE LISETTE GONZALEZ RIVERA, Appellants, Bankruptcy Case No. 12-01093-BKT

NOT FOR PUBLICATION

Appeal from the United States Bankruptcy Court for the District of Puerto Rico (Hon. Brian K. Tester, U.S. Bankruptcy Judge)

Alexander Zeno, Esq., on brief for Appellants.

Rebeca Caquías Mejías, Esq., on brief for Appellee.

Before Haines, Feeney, and Hoffman, United States Bankruptcy Appellate Panel Judges.

Per Curiam.

The debtors, Edwin Sepulveda Soto and Arlene Lisette Gonzalez Rivera, appeal from the bankruptcy court's order granting Doral Bank relief from the automatic stay pursuant to 11 U.S.C. § 362(d)(1) with respect to two properties in Puerto Rico. The debtors also appealed separately the bankruptcy court's order dismissing their chapter 13 case for failure to comply with all of their obligations under 11 U.S.C. § 521. See Sepulveda Soto v. Doral Bank (In re Sepulveda Soto), BAP No. PR 12-075 (B.A.P. 1st Cir. May 8, 2013). As we have affirmed the dismissal order, id., this appeal has become moot as no effective relief can be granted. See In re Cont'l Mortgage Investors, 578 F.2d 872, 877 (1st Cir. 1978) (holding that appeal is moot when no meaningful relief is available); see also Rochman v. Northeast Utils. Serv. Group (In re Pub. Serv. Co. of N.H.), 963 F.2d 469, 471 (1st Cir. 1992); Kasparian v. Conley (In re Conley), 369 B.R. 67, 70-71 (B.A.P. 1st Cir. 2007). We are unable to fashion meaningful relief because we cannot reinstate the automatic stay in a case that ...


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