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2021 Stroock Bankruptcy Guide

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27 "the proper balance between the equitable considerations of finality and good faith reliance on a judgment and the competing interests that underlie the right of a party to seek review of a bankruptcy order adversely affecting him." In re Manges, 29 F.3d 1034, 1039 (5th Cir. 1994) (citation omitted). Each of the twelve regional Circuit Courts of Appeals has adopted some form of the doctrine and has considered different combinations of factors in determining whether to dismiss an appeal, including: (1) whether the reorganization plan has been substantially consummated; (2) whether a stay has been sought and obtained; (3) whether the relief requested will affect the rights of other parties not before the court; (4) whether the relief requested will affect the success of the confirmed reorganization plan; (5) the public policy favoring the finality of bankruptcy judgments; (6) whether the relief requested will affect the re-emergence of the debtor as a revitalized corporate entity; and (7) whether the appellant's challenge is legally meritorious or equitably compelling. See, e.g., Bank of N.Y. Trust Co. NA v. Pac. Lumber Co. (In re SCOPAC), 624 F.3d 274, 281 (5th Cir. 2010); Search Mkt. Direct, Inc. v. Jubber (In re Paige), 584 F.3d 1327 (10th Cir. 2009); AETNA Cas. & Sur. Co. v. LTV Steel Co. (In re Chateaugay Corp.), 94 F.3d 772, 776 (2d Cir. 1996); R2 Invs. v. Charter Commc'ns, Inc. (In re Charter Commc'ns, Inc.), 449 B.R. 14, 22 (S.D.N.Y. 2011). The procedures for appeals of decisions from the bankruptcy courts are set forth in Part VIII of the Bankruptcy Rules and the procedures for appeals of decisions from the district courts and bankruptcy appellate panels are set forth in the Federal Rules of Appellate Procedure. Of particular note, appeals from the bankruptcy court must be filed within fourteen days from the date of entry of the judgment, order or decree appealed from. F ED. R. BANKR. P. 8002(a). H. Examinations in Bankruptcy In order for parties in interest in a bankruptcy case to be able to fully protect their rights and interests, they will often need access to information and documents in the possession of other

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