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Bankruptcy Appeals: Finality, Standing and Mootness (Presented by the Federal Bar Association Bankruptcy Law Section)

Explore bankruptcy appeals essentials: finality requirements, standing challenges, and mootness doctrines including equitable mootness and statutory protections.

2025-07-01 14:00:00

Program Details

2025-07-01 14:00:00

2025-07-01 14:00:00

1h CLE Credits

Program Details

2025-07-01 14:00:00

Program Details

2025-07-01 14:00:00

Over 1,000+ webinars

2025-07-01 14:00:00

Course Overview

Mastering Bankruptcy Appeals Strategy

2025-07-01 14:00:00

Participants will learn to navigate finality requirements, standing challenges, and mootness doctrines in bankruptcy appeals. These skills enable practitioners to protect client interests through effective appellate strategies.

Format

CLE Credit

1h CLE Credits

Level

Intermediate

Length

1

Key topics that will be covered

01
Finality
Orders must generally be final under 28 USC 158 to be subject to appeal.
02
Standing
Parties with indirect interests typically lack standing; direct pecuniary harm is required.
03
Equitable Mootness
Courts use equitable mootness cautiously, like a scalpel not an axe.
04
Asset Sales
Section 363(m) protects good faith purchasers unless the sale was stayed pending appeal.
05
Financing Orders
Section 364(e) protects good faith lenders, making stays extremely difficult to obtain.
06
Stay Requests
Practitioners must seek stays immediately when appealing confirmation orders to avoid mootness.

Program schedule

clock 2:00 pm - 2:02 pm EST

Introduction to Bankruptcy Appeals Challenges and Complexities

This opening session introduces the unique challenges practitioners face in bankruptcy appeals. The presentation frames the three complex areas to be explored: finality, standing, and mootness in bankruptcy proceedings.

Sally McDonald HenrySally McDonald Henry
clock 2:02 pm - 2:20 pm EST

Final Orders and Appealability Under Federal Law

This session examines when bankruptcy orders qualify as final for appeal purposes under 28 USC 158. Key Supreme Court cases including Ritz-Carlton Group and Bullard are analyzed, along with the Fifth Circuit’s recent American Warrior ruling on res judicata implications.

Sally McDonald HenrySally McDonald Henry
clock 2:20 pm - 2:38 pm EST

Standing Requirements for Bankruptcy Appeals Participation

Participants will explore the distinction between trial court standing and appellate standing in bankruptcy cases. The session covers indirect interest cases, litigation target standing, and key precedents including Jevic, DBSD, and the Truck Insurance Company case.

Sally McDonald HenrySally McDonald Henry
clock 2:38 pm - 2:56 pm EST

Mootness Doctrines in Bankruptcy Appeal Practice

This session addresses constitutional, equitable, and statutory mootness in bankruptcy appeals. Key topics include the equitable mootness doctrine across circuits, Section 363(m) protections for asset sales, and Section 364(e) protections for financing arrangements.

Sally McDonald HenrySally McDonald Henry
clock 2:56 pm - 3:00 pm EST

Key Takeaways and Audience Questions Session

The concluding session summarizes critical points about finality determinations, standing requirements, and mootness doctrines. Practitioners receive guidance on seeking stays and examining first-day orders, followed by audience Q&A.

Sally McDonald HenrySally McDonald Henry
Sally McDonald Henry

Sally McDonald Henry

Texas Tech University School of Law

Sally McDonald Henry

Sally McDonald Henry

Texas Tech University School of Law

Sally McDonald Henry is the John E. Krahmer Endowed Professor of Commercial and Banking Law at Texas Tech University School of Law, specializing in commercial law and corporate restructuring with extensive prior practice experience at a major law firm.

Education & Credentials

Graduate of Duke University and New York University School of Law.

Recognition & Leadership

Recipient of an annual New York city-wide award from The Legal Aid Society for pro bono work. As a teacher, received Texas Tech Hispanic Law Students' Professor of the Year, Texas Tech Black Law Students' Professor of the Year awards, and the 2022 Chancellor's Award for Excellence in Teaching, the highest teaching award at Texas Tech University. Author of several books and numerous articles on commercial law and restructuring topics, and has lectured on these topics throughout the world.

Professional Involvement

Pro bono work recognized by The Legal Aid Society.

Experience

Faculty editor of the Texas Bank Lawyer at Texas Tech since 2012. Former partner in Skadden, Arps, Slate, Meagher & Flom LLP's corporate restructuring group, where she practiced law for a number of years. Represented virtually all interested parties in corporate restructuring cases, including banks, debtors, unsecured creditors, and trustees, and handled cross-border transactions involving Germany, Mexico, Israel, Argentina, and many other jurisdictions.
Sally McDonald Henry

Sally McDonald Henry

Texas Tech University School of Law

Sally McDonald Henry is the John E. Krahmer Endowed Professor of Commercial and Banking Law at Texas Tech University School of Law, specializing in commercial law and corporate restructuring with extensive prior practice experience at a major law firm.

Education & Credentials

Graduate of Duke University and New York University School of Law.

Recognition & Leadership

Recipient of an annual New York city-wide award from The Legal Aid Society for pro bono work. As a teacher, received Texas Tech Hispanic Law Students' Professor of the Year, Texas Tech Black Law Students' Professor of the Year awards, and the 2022 Chancellor's Award for Excellence in Teaching, the highest teaching award at Texas Tech University. Author of several books and numerous articles on commercial law and restructuring topics, and has lectured on these topics throughout the world.

Professional Involvement

Pro bono work recognized by The Legal Aid Society.

Experience

Faculty editor of the Texas Bank Lawyer at Texas Tech since 2012. Former partner in Skadden, Arps, Slate, Meagher & Flom LLP's corporate restructuring group, where she practiced law for a number of years. Represented virtually all interested parties in corporate restructuring cases, including banks, debtors, unsecured creditors, and trustees, and handled cross-border transactions involving Germany, Mexico, Israel, Argentina, and many other jurisdictions.

Credits by state

AK1.0
AL1.0
AR1.0
AZ1.0
CA1.0
CO1.0
CT1.0
DC1.0
DE1.0
FL1.0
GA1.0
HI1.0
IA1.0
ID1.0
IL1.0
IN1.0
KS1.0
KY1.0
LA1.0
MA1.0
MD1.0
ME1.0
MI1.0
MN1.0
MO1.2
MS1.0
MT1.0
NC1.0
ND1.0
NE1.0
NH60.0
NJ1.0
NM1.0
NV1.0
NY1.0
OH1.0
OK1.0
OR1.0
PA1.0
RI1.0
SC1.0
SD1.0
TN1.0
TX1.0
UT1.0
VA1.0
VT1.0
WA1.0
WI1.0
WV1.2
WY1.0

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

10,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

MCLE Credits

Alabama
Pending
Alaska
Approved
Arizona
Approved
Arkansas
Approved
California
Approved
Colorado
Pending
Connecticut
Approved
Delaware
Pending
District of Columbia
No Required
Florida
Approved
Georgia
Approved
Hawaii
Approved
Idaho
Pending
Illinois
Approved
Indiana
Pending
Iowa
Pending
Kansas
Pending
Kentucky
Pending
Louisiana
Pending
Maine
Pending
Maryland
No Required
Massachusetts
No Required
Michigan
No Required
Minnesota
Approved
Mississippi
Pending
Missouri
Approved
Montana
Pending
Nebraska
Approved
Nevada
Approved
New Hampshire
Approved
New Jersey
Approved
New Mexico
Approved
New York
Approved
North Carolina
Pending
North Dakota
Approved
Ohio
Approved
Oklahoma
Pending
Oregon
Pending
Pennsylvania
Approved
Rhode Island
Pending
South Carolina
Pending
South Dakota
No Required
Tennessee
Pending
Texas
Pending
Utah
Pending
Vermont
Approved
Virginia
Not Eligible
Washington
Approved
West Virginia
Pending
Wisconsin
Approved
Wyoming
Pending

Alabama

Requirements

The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.  

Formats

  • Attorneys can earn unlimited “live” credit through live seminars, live webcasts, and co-sponsored locations with MyLAWCLE-Alabama approved programs
  • Attorneys are limited to 6 credits per compliance period of “online” programs through MyLAwCLE On-Demand programs