F I L E D
United States Court of Appeals
Tenth Circuit
UNITED STATES COURT OF APPEALS
MAY 27 2004
FOR THE TENTH CIRCUIT
PATRICK FISHER
Clerk
DONALD E. ARMSTRONG,
Appellant,
v. No. 03-4005
(D.C. No. 2:02-CV-567-BSJ)
ROGER G. SEGAL, as Trustee of the (D. Utah)
Mountain Pacific Ventures, Inc.;
STEPPES APARTMENTS, LTD.,
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This order and judgment is not binding precedent, except under the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 trustee’s 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
court’s jurisdiction to enter criminal sanctions against Armstrong has no bearing
on this appeal.
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Armstrong’s 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
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