GLM DFW, Inc. v. Windstream Holdings, Inc.

(1) Whether the doctrine of equitable mootness is a valid doctrine that can be applied to deny appellate review of bankruptcy court orders that are not expressly mooted by statute and that do not directly involve a challenge to a confirmed plan and, if so, what elements or factors govern the doctrine; (2) if the doctrine of equitable mootness is a valid doctrine, which party bears the burden of proof; and (3) if this appeal is not equitably moot, whether the bankruptcy court erred in approving the critical vendor payments by impermissibly delegating its essential judicial function in permitting Windstream to determine which vendors were critical, by ordering that the identity of the critical vendors be secret, and by failing to specify strict elements that would govern the inquiry.