Eleanor Gilbane is author of the article “Investing in an Appeal,” published in the May 2013 issue of the American Bankruptcy Institute Journal.
The article focuses on appeals of confirmation orders and discusses the challenges facing appellants given the sizable bond requirement necessary to secure a stay and the risk of equitable mootness in the absence of a stay. Specifically, it discusses the appeal of the Adelphia confirmation years ago (Weil represented the appellants in that case) and compares it to the appeal of the Tribune confirmation order late last year. It recommends that given these challenges, objectors to the confirmation order might be better served by negotiations and a settlement before the order is entered.
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