Equitable Mootness and Bankruptcy Appeals | Practical Law

Equitable Mootness and Bankruptcy Appeals | Practical Law

Equitable mootness is a well-recognized doctrine used by courts to refrain from deciding the merits of a bankruptcy appeal where the appellant seeks to vacate or modify a previously confirmed and implemented plan of reorganization. However, some courts have questioned the proper scope and application of the doctrine. Counsel involved in a bankruptcy appeal should be aware of the potential limits of the doctrine and the various factors courts consider in deciding whether to dismiss an appeal as equitably moot.

Equitable Mootness and Bankruptcy Appeals

Practical Law Practice Note w-008-4751 (Approx. 24 pages)

Equitable Mootness and Bankruptcy Appeals

by Shana Elberg, Amy Van Gelder, and Jason M. Liberi, Skadden, Arps, Slate, Meagher & Flom LLP* with Practical Law Bankruptcy & Restructuring
MaintainedUSA (National/Federal)
Equitable mootness is a well-recognized doctrine used by courts to refrain from deciding the merits of a bankruptcy appeal where the appellant seeks to vacate or modify a previously confirmed and implemented plan of reorganization. However, some courts have questioned the proper scope and application of the doctrine. Counsel involved in a bankruptcy appeal should be aware of the potential limits of the doctrine and the various factors courts consider in deciding whether to dismiss an appeal as equitably moot.