X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

MEMORANDUM & ORDER  Appellant Alexis Tracey Shoulberg, proceeding pro se, filed this appeal on August 9, 2017, arising from a bankruptcy proceeding in the United States Bankruptcy Court for the Eastern District of New York (the “Bankruptcy Court”), under Chapter 7 of the United States Bankruptcy Code, 11 U.S.C. §101 et seq. (Notice of Appeal, Docket Entry No. 1.) Appellant filed for Chapter 7 bankruptcy on April 26, 2017 (the “Bankruptcy Proceeding”), naming Appellee, the American Society for the Prevention of Cruelty to Animals (the “ASPCA”) as a creditor. See In re Alexis Tracey Shoulberg, No. 1-17-BK-42057 (Bankr. E.D.N.Y. filed April 26, 2017). During the Bankruptcy Proceeding, Appellee filed a motion seeking relief from the automatic stay pursuant to Bankruptcy Code Section 362 (the “Lift Stay Motion”), allowing it to pursue a security post (“Bond Action”) in a previously filed related criminal proceeding.1 (Order Granting in Part Mot. for Relief from the Automatic Stay (“Bankruptcy Court’s Order”), annexed to Notice of Appeal, Docket Entry No. 1-4.) On July 25, 2017, the Honorable Elizabeth S. Strong granted in part and denied in part Appellee’s Lift Stay Motion. (Bankruptcy Court’s Order 4.) Appellant appeals from the Bankruptcy Court’s Order lifting the stay and permitting the Appellee to pursue its rights in the criminal proceeding and Bond Action. Appellee moves to dismiss the appeal for failure to comply with the orders of this Court and the Federal Rules of Bankruptcy Procedure, and because the appeal is moot. (Appellee Mot. to Dismiss, Docket Entry No. 13; Appellee Mem. in Supp. of Appellee Mot. (“Appellee Mem.”)4, Docket Entry No. 14.) For the reasons set forth below, the Court dismisses the appeal.I. Backgrounda. Factual backgroundThis dispute concerns the ownership of five Yorkshire Terriers (the “Dogs”). (See generally Appellant Am. Opp’n. (“Am. Opp’n.”), Docket Entry No. 32.) Appellant left the Dogs in the care of a friend on July 5, 2016. (Id.8.) On July 11, 2016, the ASPCA employees impounded the Dogs and brought them to the ASPCA. (Appellant Letter dated Dec. 25, 2017 (“Appellate Br.”)

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
November 27, 2024
London

Celebrating achievement, excellence, and innovation in the legal profession in the UK.


Learn More
December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More

INTELLECTUAL PROPERTY PROSECUTION PARALEGAL - NEW JERSEY OR NEW YORK OFFICESProminent mid-Atlantic law firm with multiple regional office lo...


Apply Now ›

Experienced Insurance Defense Attorney.No in office requirement.Send resume to:


Apply Now ›

The Republic of Palau Judiciary is seeking applicants for one Associate Justice position who will be assigned to the Appellate Division of ...


Apply Now ›