United States Tenth Circuit

In an appeal from the bankruptcy court's decision confirming appellees' joint bankruptcy reorganization plan and denying appellants' competing plan, dismissal of the appeal as moot is reversed where: 1) the competing plan could theoretically be confirmed without requiring disgorgement of payments made to third-party creditors; and 2) reversal of the existing plan would not require the undoing of complex transactions.

Appellate Information

• Decided 11/03/2009
• Published 11/03/2009

Judges

• EBEL, Circuit Judge., Before TACHA, EBEL, and LUCERO, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Adam S. Affleck (Michael N. Zundel, James A. Boevers, Andrew B. Clawson, and Erin M. Stone with him on the briefs) of Prince, Yeates & Geldzahler, P.C., Salt Lake City, UT, for Appellants.


• For Appellees:
  
• Peter W. Billings of Fabian & Clendenin, P.C., Salt Lake City, UT (Gary E. Jubber and Douglas J. Payne of Fabian & Clendenin, P.C., Salt Lake City, UT, Robert E. Richards of Sonnenschein, Nath & Rosenthal, LLP, Chicago, IL, and Michael R. Johnson of Snell and Wilmer, LLP, Salt Lake City, UT, with him on the brief) for Appellees.