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This installment of our appellate practice series reviews recent cases addressing the equitable mootness doctrine. The issue ultimately often turns on whether it is practical and fair for an appellate court to review an appeal on the merits, enabling that court to avoid review altogether. Academics have failed to persuade the U.S. Supreme Court on petitions for certiorari that sophisticated parties have abused the system by relying on the doctrine. See, e.g., In re One2One Communications, LLC, 805 F.3d 428, 448-49 (3d Cir. 2015) (Krause, J., concurring); In re Abengoa Bioenergy Biomass of Kansas, LLC, 958 F.3d 949, 950 (10th Cir. 2020), citing Bruce A. Markell, “The Need of the Many: Equitable Mootness’ Pernicious Effects,” 93 Am. Bank. L. 377, 396-413 (2019).
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By Gerard S. Catalanello and Kimberly (Kodis) Schiffman
A summary of the factors that courts have considered and will likely continue to consider when addressing dischargeability of private student loans under subsection 523(a)(8)(A)(ii) of the Bankruptcy Code, and a cautionary word for practitioners considering whether to put forth an argument to the contrary.
By Michael L. Cook
The Fifth Circuit signaled that it would not approve in later cases a bankruptcy court asset sale of real property that summarily cuts off the rights of the debtor’s lessees.
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Fifth Circuit Resolves ‘Clash’ Between FERC and Bankruptcy Courts
By Douglas S. Mintz and Michael L. Cook
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