Huddleston v. Nelson Bunker Hunt Trust Estate

FITZWATER, District Judge:

In this appeal from an order confirming a plan of reorganization for a chapter 11 debtor-in-possession, two appellees move to supplement the record in order to support their motions to dismiss the appeal as moot. The court grants the motions to supplement, but raises sua sponte the question whether the underlying mootness issue should first be considered by the bankruptcy court.

I

The Nelson Bunker Hunt Trust Estate (“Nelson Estate”) is a chapter 11 debtor-in-possession. On September 16, 1988, the bankruptcy court entered an order confirming the First Joint Consensual…