Legal Opinion
New Indus., Inc. v. Byman (In re Sneed Shipbuilding, Inc.)
Court of Appeals for the Fifth Circuit
Decided February 5, 2019No. 18-40350PublishedCited by 19 opinions
1Opinion of the Court
GREGG COSTA, Circuit Judge:
In bankruptcy, the right to appeal must sometimes give way to a heightened interest in finality. Perhaps the most prominent example is equitable mootness, a judicially created doctrine preventing appeals that threaten to unravel a particularly interrelated confirmation plan. See In re Manges , 29 F.3d 1034, 1038-39 (5th Cir. 1994). Bars on appeals can also be found in the Bankruptcy Code, such as the statute that prevents "reversal or modification on appeal of an authorization ... of a sale or lease of [estate] property" unless that order was stayed pending appeal.…
2Cases cited11 opinions
- In the Matter Of: Unr Industries, Inc., Debtors. Appeals of Unarco Bloomington Factory WorkersCourt of Appeals for the Seventh Circuit · 1994
- Bank of New York Trust Co. v. Official Unsecured Creditors' CommitteeCourt of Appeals for the Fifth Circuit · 2009
- Manges v. Seattle-First National BankCourt of Appeals for the Fifth Circuit · 1994
- In Re One2One Communications, LLCCourt of Appeals for the Third Circuit · 2015
- Tribune Media Company v.Court of Appeals for the Third Circuit · 2015
6 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Energy Future Holdings v.Court of Appeals for the Third Circuit · 2020
- NexPoint v. Highland Capital ManagementCourt of Appeals for the Fifth Circuit · 2022
- SR Construction v. RE Palm SpringsCourt of Appeals for the Fifth Circuit · 2024
- Swiss Re v. Fieldwood EnergyCourt of Appeals for the Fifth Circuit · 2024
- Ad Hoc Group of Excluded LendersDistrict Court, S.D. Texas · 2024
14 more not listed; retrieve them via the Exa API.