United States Ninth Circuit

In this Chapter 11 case, appeals from two bankruptcy court orders - a Clarification Order and a Distribution Order - are dismissed as equitably moot, where: 1) appellant Rev Op Group, a group of pass-through investors, did not seek a stay before the bankruptcy or district courts as required by In re Roberts Farms, Inc.; 2) substantial consummation of the Chapter 11 plan had occurred; 3) the remedy Rev Op Group sought would inequitably harm third parties; and 4) the bankruptcy court on remand would not be able to devise an equitable remedy.

Appellate Information

• Decided 11/12/2014
• Published 11/12/2014

Judges

• Wallace

Court

• United States Ninth Circuit

Counsel