IN RE THOMAS

BAP No. CC-02-1307, Bankruptcy No. ND 96-12199-RR.

287 B.R. 782 (2002)

In re Shari L. THOMAS, Debtor. Shari L. Thomas, Appellant, v. Jerry Namba, Chapter 7 Trustee, Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

December 19, 2002.


Attorney(s) appearing for the Case

Edythe L. Bronston, the Law Offices of Edythe L. Bronston, Sherman Oaks, CA, for Shari L. Thomas.

David Y. Farmer, Farmer & Ready, San Luis Obispo, CA, for Jerry Namba, Chapter 7 Trustee.

Before KLEIN, PERRIS, and BRANDT, Bankruptcy Judges.


ORDER

KLEIN, Bankruptcy Judge.

The question on this motion to dismiss appeal as moot is who determines the purchaser's "good faith" under 11 U.S.C. § 363(m) and when.

The trial court did not address the question of "good faith" at the time that it authorized the trustee to sell the real property in issue. We are now asked to dismiss the appeal as moot based on the putative "good faith" of the purchaser and the lack of a stay pending appeal....

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