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James Ruphard Switzer and Teresa L. Switzer, Debtors. Jim Walters Homes, Inc. v. James Ruphard Switzer and Teresa L. Switzer
Citations: 70 F.3d 123; 1995 U.S. App. LEXIS 38067; 1995 WL 675509Docket: 95-6081
Court: Court of Appeals for the Tenth Circuit; November 13, 1995; Federal Appellate Court
James Ruphard Switzer and Teresa L. Switzer filed a Chapter 13 bankruptcy petition, with Jim Walters Homes, Inc. (JWH) as a secured creditor holding a first mortgage on their residence. JWH sought to include attorney fees in its secured proof of claim, which the bankruptcy court denied when it confirmed the Switzers' Chapter 13 plan. JWH appealed this denial, but after the district court upheld the bankruptcy court’s decision, the Switzers converted their case to Chapter 7 and surrendered their home, which was sold. The court examined whether JWH's appeal was moot due to these developments. The Switzers argued the appeal was moot, while JWH contended the issue was capable of repetition yet evading review. The court agreed that the appeal was moot, as the sale of the property precluded any effective relief, and reiterated that federal courts cannot address moot questions. The appeal was subsequently dismissed, with the court noting that this order does not serve as binding precedent except under specific legal doctrines.