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Expert Analysis

Equitable Mootness And 3rd-Party Investors — Some Clarity

Law360, New York (September 22, 2015, 2:16 PM EDT) -- In the recent decision, JPMCC 2007-C1 Grasslawn Lodging LLC v. Transwest Resort Properties Inc. (In re Transwest Resort Properties Inc.),[1] a divided Ninth Circuit reversed the dismissal of a secured lender's appeal of a plan confirmation order on equitable mootness grounds. The majority and dissenting opinions place into focus an important issue in the equitable mootness analysis — are outside investors who sponsor and actively participate in the bankruptcy process innocent third parties that the equitable mootness doctrine is designed to protect?...

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