In Re: Garland

United States Court of Appeals Fifth Circuit F I L E D In the June 7, 2004 United States Court of Appeals Charles R. Fulbruge III for the Fifth Circuit Clerk _______________ m 03-21032 Summary Calendar _______________ IN THE MATTER OF: C.L. GARLAND, Debtor. FIRST CAPITAL INTEREST, L.L.C., Appellant, VERSUS C. L. GARLAND, Appellee. _________________________ Appeal from the United States District Court for the Southern District of Texas m H-03-CV-244 _________________________ Before SMITH, DEMOSS, and STEWART, Circuit Judges. PER CURIAM:* First Capital Interest, L.L.C. (“First Cap- ital”), appeals a district court judgment affirm- ing an order of the bankruptcy court denying a motion to ratify a sale of real property. First Capital raises one issue: “Does the automatic stay of 11 U.S.C. § 362 prevent a foreclosure of a lien to secure a criminal bond forfeiture?” First Capital concedes that, as the district court held, this issue is controlled by Hickman v. Texas (In re Hickman), 260 F.3d 400 (5th Cir. 2001). First Capital argues, however, that, for various reasons, Hickman is wrongly decided. Absent circumstances not present here, one panel of this court cannot overrule another. United States v. Darrington, 351 F.3d 632, 634 (5th Cir. 2003). The judgment of the dis- trict court, accordingly, is AFFIRMED. * Pursuant to 5TH CIR. R. 47.5, the court has de- termined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 2