Bankruptcy Courts' Equitable Discretion May Be In Danger [Law360]

Brian Shaw and Mark Radtke co-authored an article in Law360 exploring the concerns about the bankruptcy court’s ability to make impartial decisions. A bankruptcy court's ability to implement discretion is critically important to the equitable and pragmatic goals of bankruptcy jurisprudence. Brian and Mark explore the decision In re: VeroBlue Farms USA Inc. by the U.S. Court of Appeals for the Eighth Circuit and the impact of the court scaling back the application of equitable mootness for bankruptcy appeals as well as the ramifications for practitioners and bankruptcy courts.

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