INSOL International published a column authored by counsel David Lawton and associate David Shim that discussed the US Supreme Court’s recent denial of three petitions for writ of certiorari seeking review of circuit court decisions addressing equitable mootness.
“The Supreme Court is likely to review the doctrine in the future,” they write, “but its abstention to date provides comfort to plan proponents that a confirmation order entered by a U.S. Bankruptcy Court is likely to render related challenges moot on appeal, for now.”