In re: Johnny M. Belew, also known as John Belew, formerly doing business as Belew and Bell, Attorneys at Law Debtor
Bianca Rucker Trustee-Appellee Johnny M. Belew Debtor-Appellant The Citizen's Bank Interested Party-Appellee
Submitted: October 30, 2019
from United States Bankruptcy Court for the Western District
of Arkansas - Fayetteville
SALADINO, Chief Judge, NAIL and DOW, Bankruptcy Judges.
M. Belew ("Debtor") appeals the May 31, 2019 order
of the bankruptcy court granting Trustee Bianca Rucker's
("Trustee") motion to approve her proposed sale of
certain assets to The Citizen's Bank ("Bank").
For the reasons discussed below, we dismiss this appeal.
filed a petition for relief under chapter 7 of the bankruptcy
code. Trustee assumed her duties shortly
course of carrying out her duties, Trustee received an offer
from Bank to purchase
all of the bankruptcy estate's causes of action (except
for the objection to exemption that is currently on
appeal), and any and all residual assets of the
estate for a lump sum payment of eleven thousand dollars
($11, 000.00), with an option to purchase the value of any
disallowed exemption to the extent the ruling under appeal is
reversed and [Debtor's] exemption on appeal and/or remand
is disallowed, for an additional $1, 000.00 from . . . Bank,
without further notice.
only other offer Trustee received for these assets was from
Debtor, who offered to purchase them for $10, 000.00.
Believing Bank's offer to be in the best interests of the
bankruptcy estate, Trustee filed a motion seeking the
bankruptcy court's approval of this sale.
objected to Trustee's motion. Following an evidentiary
hearing, the bankruptcy court enter its order approving
Trustee's proposed sale.
timely appealed. However, Debtor did not ask the bankruptcy
court to stay either its order approving Trustee's
proposed sale or the sale itself, and Trustee and Bank
completed the sale.
their opening brief, Trustee and Bank raised the issue of
whether their completion of the sale rendered this appeal
moot. Our review of the record revealed an additional issue,
i.e., whether Debtor has standing to appeal. We