On October 12, 2021, the U.S. Supreme Court denied, without comment, a petition for a writ of certiorari in a case challenging the doctrine of equitable mootness. Equitable mootness has been described as a "narrow doctrine by which an appellate court deems it prudent for practical reasons to forbear deciding an appeal when to grant the relief requested will undermine the finality and reliability of consummated plans of reorganization."1 By his petition, David Hargreaves'an unsecured noteholder of debtor Nuverra Environmental Solutions Inc. ("Nuverra")'asked the high court to address whether this judicially-created doctrine is inconsistent with the obligation of federal courts to hear and decide cases within their jurisdiction.2
Before filing for bankruptcy, Nuverra faced a liquidity crisis and had "approximately $500 million in secured debt and an uncontroverted value of approximately $302.5 million."3 Consequently, Nuverra could not fully satisfy the claims of its secured creditors, much less...
