Mootness, Equitable Mootness, Prudential Considerations, and Statutory Mootness

The Circuit Court of Appeals of the 3rd Circuit recently issued its opinion in In re SCH Corp., et al, 2014 WL 2724606 in which it had the occasion  to review the application of the doctrine of "equitable mootness" in the bankruptcy context. The Court explained the distinctions between the concepts of "mootness" (an Article III Constitutional issue), "equitable mootness", and "prudential considerations." In its application of the doctrine of "equitable mootness", the Court looked to the five-factor test set forth in In re Continental Airlines, 91 F.3d 553 (3rd Cir. 1996).  I reviewed this decision here.  
Statutory MootnessThe Court in SCH Corp. did not reach the concept of "statutory mootness".  This ABI article explains that the concept of statutory mootness as provided for in Sections 363(m) and 364(e) of the Bankruptcy Code to protect capital providers, including purchasers and lenders.  
Supreme Court Other articles, here  and here, review the Supreme Court denial of cert. in a case involving the issue of equitable mootness in the case involving a "multi-billion dollar" Chapter 11 plan in  Law Debenture Trust Co. v. Charter Communications, Inc., No. 12-847.   In the petition for a writ of certiorari, a brief amici curiae was filed by a group of law professors. The doctrine of equitable mootness as applied in the 2nd Circuit is also reviewed in this article by Hunton & Williams, LLP.  Jordan E. Bublick is a Miami Bankruptcy Lawyer with over 25 years of experience in filing Chapter 13 and Chapter 7 Bankruptcy Cases and Mortgage Modifications (305) 891-4055