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    The United States Court of Appeals for the Tenth Circuit affirmed the district court's ruling that Donald Armstrong's appeal of a bankruptcy court order confirming a reorganization plan was moot. The bankruptcy court had appointed a trustee for Mountain Pacific Ventures, Inc., which Armstrong owned and controlled. The trustee proposed and the bankruptcy court approved a reorganization plan. Armstrong appealed the confirmation order but did not seek a stay. During the pendency of the appeal, the plan was substantially consummated and all unsecured creditors, including Armstrong, were paid in full. The district court found the appeal was moot since the plan had been substantially consummated. The Tenth Circuit affirmed, finding it had jurisdiction and the district court committed no legal or

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    The United States Court of Appeals for the Tenth Circuit affirmed the district court's ruling that Donald Armstrong's appeal of a bankruptcy court order confirming a reorganization plan was moot. The bankruptcy court had appointed a trustee for Mountain Pacific Ventures, Inc., which Armstrong owned and controlled. The trustee proposed and the bankruptcy court approved a reorganization plan. Armstrong appealed the confirmation order but did not seek a stay. During the pendency of the appeal, the plan was substantially consummated and all unsecured creditors, including Armstrong, were paid in full. The district court found the appeal was moot since the plan had been substantially consummated. The Tenth Circuit affirmed, finding it had jurisdiction and the district court committed no legal or

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    Filed: 2004-05-27 Precedential Status: Non-Precedential Docket: 03-4005

    Original Title

    Armstrong v. Segal, 10th Cir. (2004)

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    The United States Court of Appeals for the Tenth Circuit affirmed the district court's ruling that Donald Armstrong's appeal of a bankruptcy court order confirming a reorganization plan was moot. The bankruptcy court had appointed a trustee for Mountain Pacific Ventures, Inc., which Armstrong owned and controlled. The trustee proposed and the bankruptcy court approved a reorganization plan. Armstrong appealed the confirmation order but did not seek a stay. During the pendency of the appeal, the plan was substantially consummated and all unsecured creditors, including Armstrong, were paid in full. The district court found the appeal was moot since the plan had been substantially consummated. The Tenth Circuit affirmed, finding it had jurisdiction and the district court committed no legal or

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    Filed: Patrick Fisher

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    The United States Court of Appeals for the Tenth Circuit affirmed the district court's ruling that Donald Armstrong's appeal of a bankruptcy court order confirming a reorganization plan was moot. The bankruptcy court had appointed a trustee for Mountain Pacific Ventures, Inc., which Armstrong owned and controlled. The trustee proposed and the bankruptcy court approved a reorganization plan. Armstrong appealed the confirmation order but did not seek a stay. During the pendency of the appeal, the plan was substantially consummated and all unsecured creditors, including Armstrong, were paid in full. The district court found the appeal was moot since the plan had been substantially consummated. The Tenth Circuit affirmed, finding it had jurisdiction and the district court committed no legal or

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    of 3

    F I L E D

    UNITED STATES COURT OF APPEALS


    FOR THE TENTH CIRCUIT

    United States Court of Appeals


    Tenth Circuit

    MAY 27 2004

    PATRICK FISHER
    Clerk

    DONALD E. ARMSTRONG,
    Appellant,
    v.
    ROGER G. SEGAL, as Trustee of the
    Mountain Pacific Ventures, Inc.;
    STEPPES APARTMENTS, LTD.,

    No. 03-4005
    (D.C. No. 2:02-CV-567-BSJ)
    (D. Utah)

    Appellees.
    ORDER AND JUDGMENT

    Before McCONNELL , ANDERSON , and BALDOCK , Circuit Judges.

    After examining the briefs and appellate record, this panel has determined
    unanimously that oral argument would not materially assist the determination of
    this appeal.

    See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is

    therefore ordered submitted without oral argument.

    This order and judgment is not binding precedent, except under the
    doctrines of law of the case, res judicata, and collateral estoppel. The court
    generally disfavors the citation of orders and judgments; nevertheless, an order
    and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3.

    Appellant Donald E. Armstrong owned and controlled debtor Mountain


    Pacific Ventures, Inc. (MPV), which voluntarily filed a chapter 11 bankruptcy
    petition. Appellee Roger G. Segal (trustee) was eventually appointed trustee of
    the MPV estate. On December 19, 2001, the bankruptcy court issued a
    confirmation order approving the trustees proposed reorganization plan for MPV.
    Armstrong, as an unsecured creditor of MPV, appealed the confirmation order to
    the district court but did not seek a stay of the order pending appeal. During the
    pendency of the appeal in the district court, the plan was substantially
    consummated and all unsecured creditors, including Armstrong, were paid in full
    with interest.
    On December 12, 2002, the district court held that the appeal was moot
    and, alternatively, that the bankruptcy court had committed no reversible error of
    law or fact. Armstrong appeals that order to this court.
    Our jurisdiction arises under 28 U.S.C. 158(d) and, after reviewing the
    order of the district court, the applicable law and the submissions of the parties,
    we affirm. A later and unrelated holding of the BAP regarding the bankruptcy
    courts jurisdiction to enter criminal sanctions against Armstrong has no bearing
    on this appeal.

    -2-

    Armstrongs motion to file a supplemental appendix is GRANTED. The


    judgment of the district court is AFFIRMED.
    Entered for the Court

    Bobby R. Baldock
    Circuit Judge

    -3-

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