A doctrine that allows appellate courts to dismiss challenges to bankruptcy plans may be closer to drawing review from the U.S. Supreme Court, some experts predict.

The doctrine—equitable mootness—gives federal judges the ability to dismiss appeals to Chapter 11 confirmation orders when the plan is already approved and in motion because allowing the challenge would harm third parties and undo complex reorganizations. But opponents argue it improperly shields bankruptcy rulings from appellate review when relief is practical. The doctrine isn’t found in the bankruptcy code, and is instead a “judge-made” rule that has developed over decades.