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.

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