United States Third Circuit

The district court abused its discretion in determining that a bankruptcy appeal was equitably moot in light of factors set forth in In Re Continental Airlines, 91 F.3d 553 (1996), especially in its findings as to whether a reorganization plan had been "substantially consummated."

Appellate Information

• Argued 04/07/2003
• Decided 05/21/2003
• Published 05/21/2003

Judges

• Before BECKER, Chief Judge,BARRY and BRIGHT, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Robert D. McCallum, Jr., Assistant Attorney General, Colm F. Connolly, United States Attorney, William Kanter, Frank A. Rosenfeld, United States Department of Justice, Civil Division, Appellate Staff, Washington, DC, P. Matthew Sutko (Argued), Office of the General Counsel, Executive Office for United States Trustees, Washington, DC, Joseph J. McMahon, Jr., United States Department of Justice, Office of the Trustee, Wilmington, DE, for Appellants.


• For Appellees:
  
• Harley J. Goldstein (Argued), Katten Muchin Zavis Rosenman, Chicago, Norman L. Pernick, J. Kate Stickles, Saul Ewing, LLP, Wilmington, for Appellees.