August 22, 2015

Third Circuit Again Reviews Equitable Mootness Doctrine for Bankruptcy Appeals

Philadelphia and Wilmington partner Andy Kassner and associate Joe Argentina published an article in The Legal Intelligencer titled, “Third Circuit Again Reviews Equitable Mootness Doctrine for Bankruptcy Appeals.” The article discusses a recent opinion by the Third Circuit Court of Appeals in which a chapter 11 debtor sought dismissal of an appeal by a creditor of the bankruptcy court’s order confirming the debtor’s plan of reorganization.  Under “equitable mootness”, an appellate court will not hear an appeal of a bankruptcy court’s confirmation order if the plan has already been substantially consummated and “unscrambling the egg” would bring harsh results.  The Opinion describes the narrow circumstances in which the appeal should be dismissed as equitably moot.

Read the article here.

The Faegre Drinker Biddle & Reath LLP website uses cookies to make your browsing experience as useful as possible. In order to have the full site experience, keep cookies enabled on your web browser. By browsing our site with cookies enabled, you are agreeing to their use. Review Faegre Drinker Biddle & Reath LLP's cookies information for more details.