Topic
Equitable Mootness
19 published works
Restructuring Globalview
Equitable Mootness – – Are Bankruptcy Courts Still to be “Courts of Equity?”
The concept of “equitable mootness” is a doctrine of relatively long-standing in bankruptcy jurisprudence. It has been used by courts to avoid determination of issues raised on appeal that would…
Plan Proponent
Equitable Mootness in Chapter 11 Confirmation Appeals
Back in July, we touched on the doctrine of equitable mootness in the context of a bankruptcy settlement agreement. Last week, the Delaware District Court employed equitable mootness in its opinion dismissing a…
Plan Proponent
Equitable Mootness in the Eleventh Circuit – Due Diligence Required
Bankruptcy and Beach: the perfect combo? We’re attending ABI’s Southeast Bankruptcy Workshop, where, as one fellow attorney joked on the elevator, we are “going to class.” In one of the…
In Solvency
Summary Judgment Granted in Favor of New Matco Defendants in NewStarcom Holdings Bankruptcy
In the NewStarcom Holdings bankruptcy matter, Miller v. American Capital Ltd., et al. (In re NewStarcom Holdings, Inc., et al.), Adv. Pro. 10-50063 (CSS) (Bankr. D. Del. March 8, 2016),…
Restructuring Globalview
Equitable Mootness: Concurring Opinions in Conflict
On August 4, 2015, we posted: “Equitable Mootness In The Third Circuit: Dead Or Alive?”, which analyzed the Third Circuit’s opinion in In re One2One Communications. The post predicted that…
Restructuring Globalview
Equitable Mootness In The Third Circuit: Dead Or Alive?
The recent decision of the United States Court of Appeals for the Third Circuit in In re One2One Communications, LLC may radically alter the ability of debtors to escape appeals of…
New Jersey Law Blog
Equitable Mootness Doctrine Should Be Rarely Applied to Preserve Appellant’s Rights
Equitable mootness is a doctrine that allows a court to avoid hearing the merits of a bankruptcy appeal because implementing the relief requested by the appellant would produce a perverse…
In Solvency
When is an Appeal Equitably Moot?
By Fox Rothschild LLP, Fox Rothschild LLP
Introduction On May 12, 2012, the United States District Court for the District of Delaware (the “District Court”) issued an opinion (the “Decision”) in the SemCrude bankruptcy in response to…
Delaware Bankruptcy Update
When is an Appeal Equitably Moot?
Introduction On May 12, 2012, the United States District Court for the District of Delaware (the “District Court”) issued an opinion (the “Decision”) in the SemCrude bankruptcy in response to…