Fibertower Corp fka FBBT

[rfarmer]

http://www.pepperlaw.com/publications/section-1144-action-moot-after-findings-of-substantial-consummation-2015-10-16/

The court also recognized, however, that the presumption of mootness can be rebutted by satisfaction of a five-factor test under the U.S. Court of Appeals for the Second Circuit's precedent:
(1) the court can still order some effective relief;
YES

(2) such relief will not affect the re-emergence of the debtor as a revitalized corporate entity;
YES

(3) such relief will not unravel intricate transactions so as to knock the props out from under the authorization for every transaction that has taken place and create an unmanageable, uncontrollable situation for the bankruptcy court;
YES

(4) the parties that would be adversely affected by the modification have notice of the challenge; and
YES

(5) the challenging party pursued with diligence all available remedies to obtain a stay of execution of the objectionable order.
QUESTIONABLE BUT YES