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IN RE HUNT

No. 07-3297.

550 F.3d 1002 (2008)

In re Bobbi J. HUNT, a/k/a Bobbi J. Rupp; David A. Hunt, Jr., Debtors. Wells Fargo Bank, N.A., doing business as Wells Fargo Auto Finance, Appellant, v. William H. Griffin; Bobbi J. Hunt, aka Bobbi J. Rupp; David A. Hunt, Jr., Appellees. American Financial Services Association; National Automobile Dealers Association; Kansas Bankers Association; Ford Motor Credit Company, LLC; Ingrid M. Hillinger; Michael Hillinger; Adam J. Sevitin; Michaela M. White; Jean Braucher, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

December 15, 2008.

Attorney(s) appearing for the Case

David G. Epstein, Haynes & Boone, LLP, Dallas, TX, (Jill D. Olsen and Michael P. Gaughan, South & Associates, P.C., Overland Park, KS, with him on the briefs) for Appellant.

Kenneth M. Gay, Lenexa, KS, for Appellees.

Thomas J. Lasater and Lyndon W. Vix, Fleeson, Gooing, Coulson & Kitch, L.L.C., Wichita, KS, and James J. White, Ann Arbor, Michigan, filed an amici curiae brief for American Financial Services Association and National Automobile Dealers Association.

Patricia E. Hamilton, Henson, Clark, Hutton, Mudrick & Gragson, LLP, Topeka, KS, filed an amici curiae brief for Kansas Bankers Association.

William M. Burke, Costa Mesa, CA, and Charles R. Hay, Foulston Siefkin, LLP, Topeka, KS, filed an amici curiae brief for Ford Motor Credit Company, LLC.

Elaine M. Dowling, Oklahoma City, OK filed an amici curiae brief for Professors Ingrid M. Hillinger, Michael Hillinger, Adam J. Levitin, Michaela M. White, and Jean Braucher.

Before McCONNELL, SEYMOUR, and HOLMES, Circuit Judges.

HOLMES, Circuit Judge.

On September 23, 2008, the Debtors-Appellees (the "Hunts") converted their underlying bankruptcy case from a proceeding under Chapter 13 to one under Chapter 7, in part because their 2005 Ford Freestar was totaled in an accident. The Hunts now have filed a motion to dismiss the appeal as moot. We conclude that the case is indeed moot due to the Hunts' conversion of their case to a different bankruptcy code chapter. See In re J.B. Lovell Corp...

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