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“No Stay, No Pay” – Fifth Circuit Explains (Again) Why Statutory Mootness is Fatal to Appeal of Bankruptcy Sale Order

Introduction Bankruptcy sales are known for their speed and complexity.  Notwithstanding the implications for procedural due process rights or otherwise meritorious appellate arguments, bankruptcy courts routinely waive the fourteen-day stay provided in Bankruptcy Rule 6004(h) and authorize debtors to close sales immediately.  The occurrence of closing has broad ramifications for parties desiring to challenge the…