
Sunday Splits
Serving You Circuit Splits Every Sunday
Jake Jumbeck | Enough with the Ovoid Metaphors: Equitable Mootness and a Split about Unscrambling Eggs
Equitable mootness prevents an appellate court from reaching the merits of an appeal. It is a judicially created, prudential doctrine unique to bankruptcy appeals. Specifically, the doctrine applies to appeals from orders confirming chapter 11 reorganization plans (but the circuits are even split on that point).