09 Jul 2024
The Latest on Statutory Mootness
In Transform Holdco, the United States Supreme Court resolved a split among the Circuit Courts as to whether Section 363(m) is a jurisdictional provision (i.e., depriving an appellate court of jurisdiction to hear a challenge to a sale order). Check out this expertly drafted article discussing a recent decision on whether the Supreme Court’s ruling altered the mootness requirements.
Related Content
- U.S. Supreme Court Rules That Bankruptcy Code's Protection of Unstayed Asset Sale Orders to Good-Faith Purchasers Is Not Jurisdictional
Read this discussion of the Transform Holdco decision.
- Section 363 Sale Procedures, Hearings, Orders, and Appeals
See this practice note discussing statutory mootness and the process for bankruptcy sales.
- Bankruptcy Appeals
Review this practice note for information on appeals of orders entered in bankruptcy cases.
- Motion for Stay Pending Appeal
Use this template when filing a motion for a stay pending appeal.
- Equitable Mootness
Check out this discussion of the doctrine of equitable mootness of appeals in bankruptcy cases.
- Bankruptcy Litigation Resource Kit
Refer to this resource kit for material on litigating disputes in bankruptcy cases.
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