Philadelphia and Wilmington partner Andy Kassner and associate Joe Argentina published an article in The Legal Intelligencer titled, “Third Circuit Again Reviews Equitable Mootness Doctrine for Bankruptcy Appeals.” The article discusses a recent opinion by the Third Circuit Court of Appeals in which a chapter 11 debtor sought dismissal of an appeal by a creditor of the bankruptcy court’s order confirming the debtor’s plan of reorganization.  Under “equitable mootness”, an appellate court will not hear an appeal of a bankruptcy court’s confirmation order if the plan has already been substantially consummated and “unscrambling the egg” would bring harsh results.  The Opinion describes the narrow circumstances in which the appeal should be dismissed as equitably moot.

Read the article here.

Source: The Legal Intelligencer