Equitable Mootness Is Alive And Well In Chapter 9

By Richard Cooper, Sean O'Neal, Luke Barefoot and Daniel Soltman (September 5, 2018, 11:38 AM EDT) -- On Aug. 16, 2018, the U.S. Court of Appeals for the Eleventh Circuit in Bennett v. Jefferson County, Alabama, dismissed an appeal relating to Jefferson County's Chapter 9 proceeding on equitable mootness grounds. In doing so, the Eleventh Circuit reversed the U.S. District Court for the Northern District of Alabama, which had previously held that the doctrine of equitable mootness had no applicability in the Chapter 9 context. The opinion brings the Eleventh Circuit in line with other courts to have considered the issue, including the Sixth Circuit in connection with Detroit and the Ninth Circuit in connection with Stockton, California's Chapter...

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