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Cahill v. Americredit Financial Services, Inc.

United States District Court, D. Arizona

January 21, 2015

Ann V. Cahill, Appellant,
v.
AmeriCredit Financial Services, Inc., Appellee.

ORDER

DAVID G. CAMPBELL, District Judge.

Appellant Ann Cahill has appealed a decision of the bankruptcy court granting relief from the automatic stay. Doc. 6 at 2. Appellee AmeriCredit Financial Services, Inc. argues that the appeal is moot. Doc. 9. The Court agrees.

Cahill commenced a chapter 7 bankruptcy proceeding on May 2, 2014. Doc. 9 at 2; Case no. 2:14-bk-06610-EPB. In her bankruptcy schedules, Cahill listed a 2009 Saab 9-3 valued at $8, 500 (the "Vehicle"). Doc. 9 at 2. Cahill stated her intention to "avoid any and all liens" on the Vehicle. Id.

On June 10, 2014, AmeriCredit filed a motion for relief from the automatic stay. Id. AmeriCredit noted that it had financed Cahill's purchase of the Vehicle and that the outstanding principle balance due under the contract was $26, 210.42. Id. AmeriCredit attached a copy of Cahill's contract showing AmeriCredit as the lender. Id. at 3. AmeriCredit also included a copy of the title showing AmeriCredit as the lienholder on the Vehicle. Id. Cahill responded by arguing that AmeriCredit may have securitized the contract, but did not present any evidence. Id.

On August 1, 2014, the bankruptcy court issued an order terminating the automatic stay with respect to the Vehicle. Id. On August 15, 2014, Cahill filed her notice of appeal. Id. She received her bankruptcy discharge the same day. Id.

The automatic stay terminated as a matter of law upon entry of Cahill's chapter 7 discharge. 11 U.S.C. ยง 362(c)(2)(C); Doc. 9 at 3. Cahill's appeal is therefore moot. The Court cannot provide relief where the automatic stay has terminated as a matter of law. In re Perez, 2011 WL 6934471, *3-4, No. SC-0-1436-HKiMk (9th Cir. BAP Dec. 1, 2011); In re Lira, 2011 WL 4502090, *5, Nos. CC-10-1364-KiDMk, RS 09-36534-DJS (9th Cir. BAP July 18, 2011); In re McIntyre, 2011 WL 4501322, *1 No. NC-10-1186-JUHBA, BK. 10-10974 (9th Cir. BAP July 8, 2011). Because the appeal is moot, this Court lacks jurisdiction. Internal Revenue Serv. v. Pattullo, 271 F.3d 898, 900 (9th Cir. 2001); United States v. Arkison, 34 F.3d 756, 759 (9th Cir. 1994).

IT IS ORDERED that this appeal is dismissed for lack of jurisdiction.


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