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Sep. 22, 2015
Ruling limits 'equitable mootness' doctrine in bankruptcy
A 9th Circuit decision last week throws into doubt the ability of a bankruptcy debtor to avoid any challenges to a reorganization plan by taking concrete steps to put the plan in place. By David Reeder
When a Chapter 11 plan of reorganization is confirmed over the objection of a creditor,
the next phase of the contest is often a race. The debtor attempts to reach "base"
via substantial consummation of the plan in order to, arguably, render any appeal
of the confirmation by an objecting creditor "equitably moot." At the same time, the
creditor is often seeking a st...
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