Legal Opinion

In Re Club Associates, Debtor. First Union Real Estate Equity and Mortgage Investments v. Club Associates, a Georgia Limited Partnership

Court of Appeals for the First Circuit

Decided March 30, 1992No. 91-8027PublishedCited by 98 opinions

1Opinion of the Court

COX, Circuit Judge:

In this appeal, we address the doctrine of mootness in the context of reviewing a bankruptcy confirmation order. Before the district court was a consolidated appeal challenging both the bankruptcy court’s confirmation of appellee’s reorganization plan under Chapter 11 and its denial of appellant’s motion for relief from the automatic stay. The district court dismissed the appeal as moot as well as for reasons of equity. We affirm.

FACTS AND PROCEDURAL HISTORY

Appellee Club Associates (“Club”) is a Georgia limited partnership that owns and operates the Tahoe Club Apartments…

2Cases cited12 opinions

  1. United Sav. Assn. of Tex. v. Timbers of Inwood Forest Associates, Ltd.Supreme Court of the United States · 1988
  2. In Re Aov Industries, Inc., Hubert R. Bruce, Appeal of Hawley Fuel Coalmart, Inc. And Hawley Fuel Coal, Inc.Court of Appeals for the D.C. Circuit · 1986
  3. In Re Roberts Farms, Inc.Court of Appeals for the Ninth Circuit · 1981
  4. D.H. Markstein, Jr., Stanton B. Ingram, Thomas W. Ingram and Donald A. Springer v. Massey Associates, Ltd.Court of Appeals for the Eleventh Circuit · 1985
  5. Bankr. L. Rep. P 72,627 in the Matter Of: Crystal Oil Company, Debtor. Halliburton Service, a Division of Halliburton Company v. Crystal Oil CompanyCourt of Appeals for the Fifth Circuit · 1988

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3Cited by98 opinions

  1. Burton v. City of Belle GladeCourt of Appeals for the Eleventh Circuit · 1999
  2. In the Matter of Joseph ANDREUCCETTI and Noemi Andreuccetti, Debtors-AppellantsCourt of Appeals for the Seventh Circuit · 1992
  3. In Re Continental Airlines. Nationsbank of Tennessee, N.A., F/k/a Nationsbank of Tennessee, as Collateral Trustee Under a Secured Equipment Indenture and Lease Agreement Dated March 15, 1987 ("Nationsbank") New Jersey National Bank, as Successor by Merger to Constellation Bank, N.A., F/k/a National State Bank of Elizabeth, N.J. Harris Trust and Savings Bank and Boatman's First National Bank of Oklahoma, as First, Second and Third Priority Secured Equipment Certificates Trustees Thereunder, Respectively (The "Series Trustees" And, Collectively With Nationsbank, the "Trustees")Court of Appeals for the First Circuit · 1996
  4. In Re Jlj Inc., D/B/A All American Trade Day, Debtor. Karen B. Rush v. Jlj Inc., D/B/A All American Trade Day, Rush Building Company, Inc.Court of Appeals for the Eleventh Circuit · 1993
  5. Purcell v. BankAtlantic Financial Corp.Court of Appeals for the Eleventh Circuit · 1996

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