Issues: (1) Whether the lack of statutory and constitutional basis for the equitable mootness doctrine, combined with its demonstrated potential for abuse, requires it to be abolished; and (2) whether the U.S. Court of Appeals for the 2nd Circuit’s rule that an appeal from a substantially consummated bankruptcy plan is automatically equitably moot if the appellant did not pursue a stay, regardless of a stay’s availability or any other equitable factors, undermines any prudential purpose for the doctrine.
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