The finality of sales of assets in bankruptcy is an indispensable feature of U.S. bankruptcy law, designed to maximize the value of a bankruptcy estate as expeditiously as possible for.
Many bankruptcy practitioners are familiar with the ubiquitous section 363(m) finding present in almost every bankruptcy court order involving the section 363 sale or lease of property.
the Second Circuit has ruled that the failure to obtain the stay of an order approving a sale is a jurisdictional bar to appeal under Section 363m in MOAC Mall Holdings LLC v. Transform Holdco LLC.
The court-fashioned doctrine of "equitable mootness" has traditionally been invoked to bar appeals of orders confirming "substantially consummated" chapter 11 plans. Some appellate.