Update on Bankruptcy Appellate Practice: Part Two — Equitable Mootness

In this article, Michael Cook 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.