Zone of Insolvency

Zone of Insolvency

Tag Archives: Equitable Mootness

Eleventh Circuit rules doctrine of equitable mootness applies in chapter 9

Posted in U.S.
On August 16, 2018, the United States Court of Appeals for the Eleventh Circuit issued an opinion in the chapter 9 case of Jefferson County, Alabama, reversing the decision of the District Court and ruling that the doctrine of equitable mootness applies in municipal bankruptcies. In Jefferson County’s chapter 9 case, the bankruptcy court confirmed… Continue Reading

Stop in the Name of Equity: Second Circuit Affirms Dismissal of Appeals in Chapter 11 Liquidation Proceedings as Equitably Moot

Posted in U.S.
In a case of first impression, the Second Circuit recently held that the doctrine of equitable mootness is applicable in appeals arising from Chapter 11 liquidations and affirmed the decision of the Southern District of New York to dismiss the appeals of three decisions in the Chapter 11 liquidation proceedings of the former book retailer… Continue Reading

Special: Fall 2013 International Restructuring NewsWire Released

Posted in Presentations
Chadbourne & Parke released its Fall 2013 International Restructuring NewsWire. Find the following topics (and more) in the Fall 2013 issue: Third Circuit Places Equitable Mootness Burden on Plan Proponents Chadbourne Recognized in the 2014 IFLR1000 Municipal Restructuring Experts Join Firm Survey of Madoff-Related Decisions To read the NewsWire, click here.  … Continue Reading

Third Circuit Places Equitable Mootness Burden On Plan Proponents

Posted in U.S.
After a plan of reorganization is confirmed by the bankruptcy court, the plan proponents often seek to consummate the confirmed plan as soon as possible by implementing a series of restructuring transactions.  The implementation process, or “going effective,” is often referred to as “scrambling the eggs.”  Once the eggs are scrambled, any pending appeal of… Continue Reading