United States Sixth Circuit

Dismissal of creditors' appeal of a bankruptcy court's plan confirmation orders is affirmed on grounds of equitable mootness where: 1) creditors' failure to obtain a stay of the implementation of a confirmation plan weighed towards denying an appeal on equitable mootness grounds; 2) the plan had progressed to such a point where it had been substantially consummated; and 3) granting creditors' relief would negatively affect the success of the plan and harm innocent third parties.

Appellate Information

• Decided 05/28/2008
• Published 05/28/2008

Judges

• Before:  KENNEDY, MARTIN, and CLAY, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  David A. Domina, Domina Law Group, Omaha, Nebraska, for Appellants.  Philip F. Downey, Vorys, Sater, Seymour & Pease, Columbus, Ohio, for Appellee.   ON BRIEF:  David A. Domina, Domina Law Group, Omaha, Nebraska, Elias T. Xenos, Troy, Michigan, for Appellants.  Philip F. Downey, Vorys, Sater, Seymour & Pease, Columbus, Ohio, for Appellee.