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

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 the Texas Tech University School of Law, where she began teaching in 2012. At Tech, she is the faculty editor of the Texas Bank Lawyer. Before she became a professor, she was a partner in Skadden, Arps, Slate, Meagher & Flom LLP’s corporate restructuring group, where she practiced law for a number of years.

On-Demand: July 1, 2025

1 hour CLE

Tuition: $395.00
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Program Summary

 

**Program hosted in (ET) time zone**

Bankruptcy appeals can be tricky! This CLE will discuss (1) finality; (2) standing; and (3) mootness, three complex areas that have led to a great deal of litigation and a number of recent appellate cases. The presentation will focus on the key Supreme Court and Court of Appeals cases.

Presented by the Federal Bar Association Bankruptcy Law Section.

Key topics to be discussed:

  • Understand finality with respect to bankruptcy appeals and that orders must generally be final in order to be subject to appeal
  • Explore standing in relation to bankruptcy appeals, including that a creditor must be harmed by the specific order it seeks to appeal
  • Examine constitutional, equitable, and statutory mootness as applied to bankruptcy appeals
  • Discuss key Supreme Court and Court of Appeals cases that have impacted bankruptcy appeals issues

Closed-captioning available

Speakers

Speaker_Sally McDonald HenrySally McDonald Henry | Texas Tech University School of Law

Sally McDonald Henry is the John E. Krahmer Endowed Professor of Commercial and Banking Law at the Texas Tech University School of Law, where she began teaching in 2012. At Tech, she is the faculty editor of the Texas Bank Lawyer. Before she became a professor, she was a partner in Skadden, Arps, Slate, Meagher & Flom LLP’s corporate restructuring group, where she practiced law for a number of years.

During the years she practiced law, Ms. Henry 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.

A graduate of Duke University and New York University School of Law. Ms. Henry is the author of several books and numerous articles on commercial law and restructuring topics. She has lectured on these topics throughout the world.

During the time she practiced, Ms. Henry was the recipient of an annual New York city-wide award from The Legal Aid Society for her pro bono work. As a teacher, she has been the recipient of a number of awards, including the Texas Tech Hispanic Law Students’ Professor of the Year and the Texas Tech Black Law Students’; Professor of the Year awards. In 2022, she received the Chancellor’s Award for Excellence in Teaching, the highest award for teaching which is awarded annually to two professors at Texas Tech University.

Agenda

I. Bankruptcy appeals issues | 2:00pm – 2:02pm

II. In most cases an order must be “final” to be subject to appeal | 2:02pm – 2:20pm

III. Factors regarding whether an entity has standing to appeal | 2:20pm – 2:38pm

IV. Constitutional, equitable, and statutory mootness | 2:38pm – 2:56pm

V. Wrap Up/Q&A | 2:56pm – 3:00pm

Credits

Alaska

Approved for CLE Credits
1 General

Our programs are CLE-eligible through Alaska’s recognition of multi-jurisdictional reciprocity.
Alabama

Approved for CLE Credits
1 General

Arkansas

Approved for CLE Credits
1 General

Arizona

Approved for CLE Credits
1 General

California

Approved for CLE Credits
1 General

Colorado

Pending CLE Approval
1 General

Connecticut

Approved for CLE Credits
1 General

District of Columbia

No MCLE Required
1 CLE Hour(s)

Delaware

Pending CLE Approval
1 General

Florida

Approved via Attorney Submission
1 General Hours

Receive CLE credit in Florida via attorney submission.
Georgia

Pending CLE Approval
1 General

Hawaii

Approved for CLE Credits
1.2 General

Iowa

Pending CLE Approval
1 General

Idaho

Pending CLE Approval
1 General

Illinois

Approved for Self-Study Credits
1 General

Indiana

Pending CLE Approval
1 General

Kansas

Pending CLE Approval
1 Substantive

Kentucky

Pending CLE Approval
1 General

Louisiana

Pending CLE Approval
1 General

Massachusetts

No MCLE Required
1 CLE Hour(s)

Maryland

No MCLE Required
1 CLE Hour(s)

Maine

Pending CLE Approval
1 General

Michigan

No MCLE Required
1 CLE Hour(s)

Minnesota

Approved for Self-Study Credits
1 General

Missouri

Approved for CLE Credits
1.2 General

Mississippi

Pending CLE Approval
1 General

Montana

Pending CLE Approval
1 General

North Carolina

Pending CLE Approval
1 General

North Dakota

Approved for CLE Credits
1 General

Our programs are CLE-eligible through North Dakota’s recognition of multi-jurisdictional reciprocity. Section 1, Policy 1.14
Nebraska

Pending CLE Approval
1 General

myLawCLE reports attendance to Nebraska on each attorney’s behalf for all programs. Please do not self-report.
New Hampshire

Approved for CLE Credits
60 General minutes

As of July 1, 2014, the NHMCLE Board no longer provides pre- or post-approval of courses. Attendees must self-determine whether a program is eligible for credit, and self-report their attendance online at www.nhbar.org, based on qualification provisions of Rule 53.
New Jersey

Approved for CLE Credits
1.2 General

Our programs are CLE-eligible through New Jersey’s recognition of multi-jurisdictional reciprocity, except for the courses required under BCLE Reg. 201:2
New Mexico

Approved for CLE Credits
1 General

Nevada

Pending CLE Approval
1 General

New York

Approved for CLE Credits
1.2 General

Our programs are CLE-eligible through New York’s Approved Jurisdiction Group “B”.
Ohio

Approved for CLE Credits
1 General

Oklahoma

Pending CLE Approval
1 General

Oregon

Pending CLE Approval
1 General

Pennsylvania

Approved for CLE Credits
1 General

Rhode Island

Pending CLE Approval
1 General

South Carolina

Pending CLE Approval
1 General

South Dakota

No MCLE Required
1 CLE Hour(s)

Tennessee

Approved for Self-Study Credits
1 General

Texas

Approved for CLE Credits
1 General

Utah

Pending CLE Approval
1 General

Virginia

Pending CLE Approval
1 General

Vermont

Approved for CLE Credits
1 General

Washington

Approved via Attorney Submission
1 Law & Legal Hours

Receive CLE credit in Washington via attorney submission.
Wisconsin

Approved for Self-Study Credits
1 General

West Virginia

Pending CLE Approval
1.2 General

Wyoming

Pending CLE Approval
1 General

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