Third Circuit Expands the Flexible Notion of ‘Finality’ on Bankruptcy Appeals
The Third Circuit further expanded the notion of a final order to include seemingly interlocutory rulings that will become essentially unreviewable because subsequent events will render them moot.
For example, the opinion will mean that an order denying a stay pending appeal from approval of a settlement will be appealable because consummation of the settlement will ordinarily make the appeal moot. In that regard, the Third Circuit and the Second Circuit disagree on appealability.
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