Skip to main content

Topic

Equitable Mootness

19 published works

  1. Restructuring Globalview

    Equitable Mootness No Bar to “Slicing & Dicing” Exculpation Clause From Confirmation Order

    By Norman N. Kinel, Mark Salzberg

    While the Judge-made doctrine of equitable mootness continues to beguile and often stymie parties-in-interest seeking to appeal an order confirming a chapter 11 plan (as well as other orders which…

  2. Florida Bankruptcy Attorney Blog

    Mootness, Equitable Mootness, and Statutory Mootness

    By Anonymous

    The Circuit Court of Appeals of the 3rd Circuit recently issued its opinion in In re SCH Corp., et al, 2014 WL 2724606 involving the doctrine of "equitable mootness" in the…

  3. Herrick Restructuring Review

    Equitable Mootness Doctrine Will Continue to Generate Controversy After Supreme Court Declines to Hear Appeal on the Issue

    By Kyle Kolb

    The Supreme Court declined to take up a case this month concerning the doctrine of equitable mootness, a topic that continues to rile bankruptcy courts and generate controversy amongst practitioners…

  4. Real Bankruptcy Intel

    Stay and Direct Appeal Requests Denied in Purdue Pharma; District Court Commits to Shielding Case from Equitable Mootness Concerns

    By Samuel R. Rabuck, Aaron Gavant, Sean T. Scott

    Partially walking back her prior pronouncements suggesting that she would rule to the contrary (which we previously wrote about here), on October 13, 2021, District Court Judge Colleen McMahon denied…

  5. Real Bankruptcy Intel

    Equitable Mootness Concerns Over Purdue Pharma’s Plan of Reorganization Prompt Rare Sunday Entry of Temporary Restraining Order by District Court

    By Samuel R. Rabuck, Aaron Gavant, Sean T. Scott

    On October 10, 2021, Judge Colleen McMahon of the U.S. District Court for the Southern District of New York entered a temporary restraining order, delaying implementation of Purdue Pharma’s plan…

  6. Real Bankruptcy Intel

    What We’re Reading This Week [September 27, 2021]

    By Joshua R. Gross, Sean T. Scott, Aaron Gavant

    Bloomberg Law discusses pending petitions for certiorari seeking the U.S. Supreme Court’s review of lower courts’ application of the “equitable mootness” doctrine, which places significant limits on dissenting parties ability…

  7. Real Bankruptcy Intel

    Mootness Muted? – Eighth Circuit Circumscribes Use of Equitable Mootness Doctrine to Bar Bankruptcy Plan Appeals

    By Danielle A. Corn, Sean T. Scott, Aaron Gavant

    In its August 5th, 2021 VeroBlue Farms decision,[1] the Eighth Circuit lent its voice to a growing body of criticism of the equitable mootness doctrine contending that its use to…

  8. Real Bankruptcy Intel

    Opinion of Interest – In re Nuverra Environmental Solutions, Inc.

    By Joshua R. Gross, Sean T. Scott, Aaron Gavant

    In a recent decision in In re Nuverra Environmental Solutions, Inc., No. 18-3084, 2021 WL 50160 (3d Cir. Jan 6, 2021), a divided Third Circuit panel held that an appeal…

  9. Consumer Finance Monitor

    RD Legal Funding asks Judge Preska to stay NYAG’s claims pending CFPB’s appeal from Rule 54(b) judgment

    By Alan S. Kaplinsky

    RD Legal Funding has submitted a letter to Judge Preska indicating that it does not oppose her entry of a Rule 54(b) judgment to allow the CFPB to appeal her June…

  10. Restructuring Globalview

    Equitable vs. Constitutional Mootness: The Eleventh Circuit Provides a Primer

    By Mark Salzberg

    We have written in the past about the doctrine of equitable mootness.  A March 30, 2017 per curiam affirmance by the Eleventh Circuit Court of Appeals in Beem v. Ferguson…