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.