Supreme Court Won't Revisit Equitable Mootness Doctrine

By Vince Sullivan (October 12, 2021, 6:25 PM EDT) -- The U.S. Supreme Court on Tuesday denied a petition for a writ of certiorari in a case seeking to test the viability of the equitable mootness doctrine, which allows bankruptcy appeals to be dismissed once a reorganization plan has been consummated.

The high court denied without comment the petition of David Hargreaves, an unsecured noteholder of oilfield logistics company Nuverra Environmental Solutions Inc., who was seeking a payout of his claim under Nuverra's Chapter 11 plan.

Hargreaves appealed the Delaware bankruptcy court's ruling confirming the plan, saying he should have been paid $450,000 on his unsecured note claim because other unsecured creditors had...

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