2nd Circ. Favors Appellees Under Equitable Mootness

Law360, New York (October 17, 2012, 3:10 PM EDT) -- On Aug. 31, 2012, the United States Court of Appeals for the Second Circuit issued its decision in In re Charter Communications Inc., (2d Cir. Aug. 31, 2012), expressly adopting an abuse of discretion standard for reviewing equitable mootness determinations. The Charter Communications decision also reaffirmed the Second Circuit’s rebuttable presumption of equitable mootness upon substantial consummation of a debtor’s reorganization plan, which places the burden on appellants to overcome equitable mootness.

Accordingly, the Charter Communications decision is significant because the adoption of the abuse of...
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