Should Equitable Mootness Bar Appeals Only of Chapter 11 Plan Confirmation Orders?

The court-fashioned doctrine of "equitable mootness" has traditionally been invoked to bar appeals of orders confirming "substantially consummated" chapter 11 plans. Some appellate courts, however, have applied it to bar appeals of other kinds of bankruptcy court orders unrelated to plan confirmation. As demonstrated by a ruling recently handed down by the U.S. District Court for the Northern District of Texas, courts disagree on whether equitable mootness should apply outside of the plan...
By: Jones Day

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