Exculpation Clause Ruling May Dissuade Some Ch. 11 Filing

January 2023
Region: Americas

While the judge-made doctrine of equitable mootness continues to beguile and stymie parties in interest seeking to appeal an order confirming a Chapter 11 plan — as well as other orders on appeal prior to confirmation of a plan — appellants in the U.S. Court of Appeals for the Fifth Circuit can rest assured that the doctrine will be applied only as a scalpel rather than an axe.