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9th Circ. Firsts: Equitable Mootness And Arbitration

Law360, New York (May 1, 2012, 6:05 PM EDT) -- 2012 is shaping up as a year of bankruptcy first impressions for the Ninth Circuit. The Court of Appeals sailed into uncharted bankruptcy waters twice already this year in the same Chapter 11 case.

On Jan. 24, the court ruled in In re Thorpe Insulation Co. (9th Cir. Jan. 24, 2012) ("Thorpe I"), that an appeal by certain nonsettling asbestos insurers of an order confirming a Chapter 11 plan was not equitably moot because, among other things, the plan had not been "substantially consummated" under the...
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