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Expert Analysis

Exculpation Clause Ruling May Dissuade Some Ch. 11 Filings

By Norman Kinel, Mark Salzberg and Michelle Saney ( November 18, 2022, 4:40 PM EST) -- 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....

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