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Business Restructuring Review | May–June 2021 | Jones Day


In This Issue:
In
In re Orexigen Therapeutics, Inc., 990 F.3d 748 (3d Cir. 2021), the U.S. Court of Appeals for the Third Circuit ruled as a matter of first impression that triangular setoff does not satisfy the Bankruptcy Code s mutuality requirement.
Should Equitable Mootness Bar Appeals Only of Chapter 11 Plan Confirmation Orders?
As demonstrated by a ruling recently handed down by the U.S. District Court for the Northern District of Texas, courts disagree on whether equitable mootness should apply only to appeals of plan confirmation orders. In
Harden Healthcare LLC v. OLP Wyoming Springs LLC (In re Senior Care Centers, LLC), 2021 WL 632779 (N.D. Tex. Feb. 18, 2021), the district court affirmed a bankruptcy court order approving a settlement reached in connection with a sale transaction. In so ruling, the court held that the appeal was neither equitably nor statutorily moot, noting that, according to Fifth Circuit precedent, equitable mootness should ....

New York , United States , Charlesm Oellermann Columbus , Heather Lennox Cleveland , Bruce Bennett Los Angeles , Dant Moss , Markg Douglas , Senior Care Centers , Tribune Co , Clive Primary , Us Court , Us District Court , Corporation Law Of Delaware Or Stream , Client Service , Harden Healthcare , Concepts Am Inc , Jones Day , Us Bankruptcy Court , Seecubic Inc , Stream Tv Networks Inc , Caesars Entertainment , Turnaround Management Association , Supreme Court , Consulting Group , Delaware Court , Us Supreme Court ,

Business Restructuring Review | May–June 2021 - Insolvency/Bankruptcy/Re-structuring


In This Issue:
In 
In re Orexigen Therapeutics, Inc., 990 F.3d 748
(3d Cir. 2021), the U.S. Court of Appeals for the Third Circuit
ruled as a matter of first impression that triangular
setoff does not satisfy the Bankruptcy Code s
mutuality requirement. 
Should Equitable Mootness Bar Appeals Only of Chapter 11
Plan Confirmation Orders?
As demonstrated by a ruling recently handed down by the U.S.
District Court for the Northern District of Texas, courts disagree
on whether equitable mootness should apply only to appeals of plan
confirmation orders. In 
Harden Healthcare LLC v. OLP
Wyoming Springs LLC (In re Senior Care Centers, LLC), 2021 WL ....

New York , United States , New South Wales , Western Australia , City Of , United Kingdom , Ben Larkin , Lucas Wilk , Roger Dobson , Charlesm Oellermann , Markg Douglas , Bruce Bennett Los , Heather Lennox Cleveland , Bruce Bennett Los Angeles , Tim Lestrange , Dant Moss , Christopher Dipompeo , Katie Higgins , Senior Care Centers , Tribune Co , Us Court , Clive Primary , Office Newsletter , Corporation Law Of Delaware Or Stream , International Law , Client Service ,