Are Attendance and Objection in Bankruptcy Court Prerequisites for Appellate Standing?

Weil Summer Associate Candice Ellis contributed to this post “All circuits…limit standing to appeal a bankruptcy court order to persons aggrieved by the order.”1.  A “person aggrieved” is defined as someone whose rights or interests are directly and adversely affected pecuniarily by the bankruptcy court order.2  Simply put, a party […]

Momentive Court Declines to Dismiss Creditors’ Appeals as Equitably Moot

In Momentive Performance Materials, the Second Circuit declined to dismiss as equitably moot the appeals of certain noteholders.  The decision highlights that successfully invoking the doctrine of equitable mootness may be difficult under prevailing case law where plan confirmation issues have been diligently appealed by parties in interest, even when […]

Weil Remembers Stephen Youngman

We mourn the loss of our partner, colleague and friend Stephen A. Youngman, who passed away on May 14 after a courageous battle with cancer. Steve was a member of Weil’s Business Finance & Restructuring practice and one of the editors of the Bankruptcy Blog. He joined the Firm’s Dallas […]

U.S. Bank N.A. v. Village at Lakeridge, LLC

It’s been an interesting couple of weeks for bankruptcy at the United States Supreme Court with two bankruptcy-related decisions released in back-to-back weeks. Last week, the Supreme Court issued an important decision delineating the scope of section 546(e) of the Bankruptcy Code (discussed here [1] for those who missed it). Then […]