Whether the court of appeals may invoke the judge-made doctrine of 'equitable mootness' to dismiss an appeal of an order confirming a bankruptcy plan

QUESTIONS PRESENTED 1. In a case in which the appellants have a statutory right of appeal and the court of appeals has Article III and _ statutory jurisdiction, may the court of appeals invoke a judge-made doctrine of “equitable mootness” to dismiss, and thus decline to hear the merits of, an appeal of an order confirming a bankruptcy plan. 2. If “equitable mootness” may ever be invoked, may a court of appeals invoke “equitable mootness” to dismiss an appeal by secured creditors, who assert that their constitutional rights have been violated, and who seek relief on appeal — including monetary compensation — that would affect only a government which is a party to the appeal and which took the secured creditors’ property without just compensation, and that would not affect “innocent” persons not parties to the appeal. 69)