Page 16 which threshold may occur very quickly after confirmation.14 And, courts often apply the doctrine of equita- ble mootness, “by which an appellate court deems it prudent for practical reasons to for- bear deciding an appeal when to grant the re- lief requested will undermine the finality and reliability of consummated plans of reorgani- zation.”15 Thus, practitioners must remain mindful of the fact that in some cases, the Bankruptcy Court is the final arbiter of the issues and any relief granted in that forum is, for all intents and purposes, final. Finally, even in circumstances where an ap- peal can be taken, the procedures differ from ordinary federal practice. An appeal of a Bankruptcy Court decision is taken to the Dis- trict Court (or, if the parties so elect instead, a Bankruptcy Appellate Panel comprised of three bankruptcy judges). From there, parties may appeal to the Circuit Court of Appeals. Thus, parties can effectively have two bites at the appellate apple. Fourth, the bankruptcy court may enter injunctions affecting non-debtors. Alt- hough non-debtor third party releases are pro- hibited in Chapter 11 cases in the Ninth Cir- cuit,16 practitioners ought to be mindful that several Circuit Courts have held that the Bankruptcy Code authorizes courts to grant releases to third-party non-debtors as part of a plan of reorganization, even over the objection of creditors.17 This area of bankruptcy law is still in flux; however, the allowance of non-debtor, non- consensual releases may have a significant impact on the rights of parties outside the (Continued from page 7) bankruptcy proceeding, and practitioners ought to be mindful of such consequences, particularly when practicing across jurisdic- tions. * * * The four concepts discussed in this article are just a few of the things to be wary of when confronted with a case that has a bankruptcy component. However, practitioners confronted with bankruptcy issues are strongly encour- aged to seek out counsel with bankruptcy ex- perience to ensure that their clients’ interests are fully protected. *Arjun Sivakumar and Honieh O.H. Udenka are attorneys in Brown Rudnick LLP’s com- mercial litigation group, with experience handing cases that involve bankruptcy issues. They can be reached at (949) 752-7100 or asivakumar@brownrudnick.com and hudenka@brownrudnick.com. Brown Rudnick provides representation to those seeking ef- fective litigation or transactional counsel with experience in both the non-bankruptcy and bankruptcy arenas. Information contained in this article is not intended to constitute legal advice by the authors or the attorneys at Brown Rudnick LLP, and they expressly disclaim any such interpretation by any party. Specific legal advice depends on the facts of each situation and may vary from situation to situation. Distribution of this article to interested parties does not establish an attorney-client relationship. The views expressed herein are solely the views of the authors and do not represent the views of Brown Rudnick LLP, those parties represented by the authors, or those parties represented by Brown Rudnick LLP. 1 “The Congress shall have power … to establish … uniform laws on the subject of bankruptcies throughout the United States.” U.S. Const. art. I, § 8, cl. 4. (Continued on page 17) Bankruptcy Basics FBA/OC