Third Circuit’s Mootness Debate Avoids Reversal of Confirmation Order

Third Circuit’s Mootness Debate Avoids Reversal of Confirmation Order

The Third Circuit, in a complicated five-year old case, avoided the merits of two groups of appeals from an order confirming the debtor’s reorganization “Plan.” In In re Boy Scouts of America (BSA), the majority used statutory mootness, while a concurring judge would have used equitable mootness to dodge the issue of nonconsensual third-party releases in the Plan and Confirmation Order.