Will 3rd Circ. Be Next To Ban ‘Equitable Mootness’?

Law360, New York (August 3, 2015, 12:24 PM EDT) -- Bruce D. Buechler

Cassandra M. Porter The doctrine of equitable mootness permits a bankruptcy court to abstain from hearing an appeal on account of a perceived disruption and/or harm that granting the relief sought in the appeal would cause the debtor. See, e.g., In re UNR Indus., 20 F.3d 766 (7th Cir. 1994). As noted by the Seventh Circuit, there “is a big difference between inability to alter the outcome (real mootness) and unwillingness to alter the outcome ('equitable mootness'). Using one word for two different concepts breeds confusion.” Id. at 769 (emphasis in original). As a result, the Seventh Circuit...

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