CORRECTED
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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m 00-60892
Summary Calendar
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IN THE MATTER OF:
EVAN DOSS, JR.,
Debtor.
EVAN J. DOSS, JR.,
Appellant,
VERSUS
EILEEN SHAFFER BAILEY,
Appellee.
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Appeal from the United States District Court
for the Southern District of Mississippi
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January 18, 2002
Before JONES, SMITH, and II.
EMILIO M. GARZA, Circuit Judges. “To have standing to appeal a bankruptcy
order, a party must show that it was directly
PER CURIAM:* and adversely affected pecuniarily by the or-
der, or that the order diminished its property,
Evan Doss, Jr., challenges a bankruptcy increased its burdens or impaired its rights.”
court order approving a settlement and In re Cajun Elec. Power Coop., Inc., 69 F.3d
payment of an administrative fee. We vacate 746, 749 (5th Cir. 1995) (quotations omitted),
the judgment of the district court and remand modified on rehearing on other grounds, 74
to the district court with direction to dismiss F.3d 599 (5th Cir. 1996). According to the
the appeal for want of standing. record, Doss is not a creditor, shareholder, or
debtor of the Doss Corporation; when
I. questioned by the bankruptcy judge, he was
The Evan J. Doss, Jr. Corporation (the unable to specify whether he was an officer.
“Corporation”) filed a chapter 7 bankruptcy; Because there is no evidence that the
among the assets were an AM radio station bankruptcy court order has in any way harmed
and a construction permit for an FM station. Doss or impaired his rights, he lacks standing
The Corporation sold both stations with the to challenge it on appeal.
approval of the bankruptcy court.
The judgment of the district court,
After the sales were completed, Eileen affirming the decision of the bankruptcy court,
Bailey, the Corporation’s bankruptcy trustee, is VACATED and REMANDED to the
filed an application for approval to pay a $400 district court with instruction that the district
fee to the FCC to facilitate the sale of the AM court dismiss the appeal for want of standing.
station. The trustee also filed a motion for
approval of a settlement agreement among
Leola Dickey, Doss’s sister, the Ole Brook
Broadcasting Co., and the trustee, under
which Dickey agreed to drop her application
to the FCC for a construction license for an
FM station in exchange for a $3000 payment
from Ole Brook, which sought to submit a
rival bid for the same license. Doss objected
to the payment of the fee and the agreement,
but his claims were rejected by the bankruptcy
court, whose decision was affirmed by the
district court.
*
Pursuant to 5TH CIR. R. 47.5, the court has
determined that this opinion should not be published
and is not precedent except under the limited
circumstances set forth in 5TH CIR. R. 47.5.4.
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