Equitable Mootness Applied Again: The Fifth Circuit Refuses to Hear an Appeal
PBWT
APRIL 17, 2022
The Fifth Circuit recently dismissed an appeal of a confirmation order as equitably moot. The decision was based on three key factors: the appellant hadn’t obtained a stay pending appeal, the plan had been substantially consummated, and practical relief couldn’t be fashioned if the plan was unwound. Talarico v. Ultra Petro. Corp. (In re Ultra Petro.
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