United Surety & Indemnity Co. v. Lopez-Munoz, No. 19-9003 (1st Cir. 2020)
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The First Circuit affirmed the judgment of the Bankruptcy Appellate Panel (BAP) dismissing under the doctrine of equitable mootness this appeal brought by United Surety & Indemnification Company (USIC), holding that USIC's appeal was equitably moot.
In 2013, Pedro Lopez-Munoz filed a voluntary petition for chapter 11 bankruptcy. In 2018, the bankruptcy court confirmed a reorganization plan. One of Lopez-Munoz's creditors was USIC, which had an unsecured claim in the amount of $2,700,000. USIC appealed. The BAP dismissed USIC's appeal under the doctrine of equitable mootness. The First Circuit affirmed after analyzing the three factors for determining whether an appeal is equitably moot, holding that USIC's appeal was equitably moot.
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