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.

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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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