Clearview Energy, LLC v. Mammoth Resources Partners, Inc., 491 B.R. 489

Jones oil and gas leases originated in 1992 and were assigned to Mammoth Resource, LLC in 2005.
Debtors filed Chapter 11 petitions in 2010, with estates to be jointly administered.
Trustee sought to sell Jones Leases under §363(b) in 2012; Appellant objected.
Sale order entered December 12, 2012; stay and bond issues followed; sale held January 29, 2013.
Court ultimately approved sale; Appellant argues leases were not estate property under §365(d)(4) and not subject to sale.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether §365(d)(4) applies to oil and gas leases in Kentucky	Jones Leases were not assets of the estate under §365(d)(4)	Leases were part of the estate and subject to sale under §363(b)	Yes; leases were estate property for purposes of §363(b) sale; mootness analysis applicable.
Whether §363(m) requires dismissal of the appeal after a consummated sale	Appellant argues §363(m) mootness does not apply if property not estate asset	Under Parker, §363(m) moots appeal when sale is unstayed	§363(m) applies; appeal dismissed as statutorily moot.
Whether the sale order was properly authorized and the mootness doctrine applies regardless of factual disputes about property status	Property status contested; sale invalid if leases not estate property	Bankruptcy court properly found estate inclusion; mootness controls	Mootness applies; appeal dismissed.

In re Parker, 499 F.3d 616 (6th Cir. 2007) (mootness applies to consummated sales without a stay regardless of merits)
In re Sax, 796 F.2d 994 (7th Cir. 1986) (sale authorized under §363(b) matters for mootness even if not estate property)
In re Nashville Sr. Living, LLC, 620 F.3d 584 (6th Cir. 2010) (§363(m) limits appellate review of a consummated sale)
The Charter Co., 829 F.2d 1054 (11th Cir. 1987) (mootness for sale approvals where stay not obtained)
In re Rare Earth Minerals, 445 F.3d 359 (4th Cir. 2006) (expresses caution on expanding statutory mootness exceptions)