Law360, New York (November 19, 2014, 2:10 PM EST) -- On Nov. 12, 2014, the U.S. Court of Appeals for the Ninth Circuit reversed and remanded an Arizona bankruptcy court's declaratory judgment on appeal, first denying appellee's motion to dismiss on equitable mootness grounds, and second, finding that the bankruptcy court erred in disregarding factual assertions in a pleading as having been made in bad faith, without the benefit of an evidentiary hearing.[1] The decision is significant for circumscribing the boundaries of both the doctrine of equitable mootness in bankruptcy and, more broadly, the tighter pleading standards that require allegations in a complaint to be at least "plausible" under the U.S. Supreme Court's seminal Twombly and Iqbal decisions.[2]...
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