Topic
Equitable Mootness
19 published works
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…
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…
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…
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…
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…
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…
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…
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…
Consumer Finance Monitor
RD Legal Funding asks Judge Preska to stay NYAG’s claims pending CFPB’s appeal from Rule 54(b) judgment
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…
Restructuring Globalview
Equitable vs. Constitutional Mootness: The Eleventh Circuit Provides a Primer
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…