Farina v. Hoskins

Background

Daniela M. Farina appealed a bankruptcy-court order granting the Chapter 7 trustee’s request for possession of the First Avenue Residence and authorizing a writ of assistance. The Bankruptcy Appellate Panel referred the case to the district court for the limited purpose of deciding Farina’s motion to proceed without paying the filing fees.

The bankruptcy court had certified that the appeal was not taken in good faith. It viewed the appeal as moot because Farina had not obtained a stay and the property had been sold. The bankruptcy court also considered Farina’s broader conduct, including its statement that she had appealed nearly every order in the bankruptcy case but had prosecuted only one appeal as of the certification.

Court’s analysis

The district court agreed that the appeal was moot. Because the bankruptcy court had approved the sale of the property involved in the challenged order, the district court concluded that it could not provide any further relief. The court also found the appeal frivolous, meaning that it had no arguable basis in fact or law. For that reason, the court concluded that the appeal was not taken in good faith under the statute governing requests to proceed without paying fees.

Disposition

Judge Jacquelyn Scott Corley denied Farina’s motion to proceed without paying fees on appeal. The order directed the clerk to transmit a copy to the Bankruptcy Appellate Panel and close the district-court action. The court did not decide the underlying property dispute on its merits.