Breaking News
Enter your email address to subscribe to updates to this case (by doing so, you are accepting the terms in our privacy policy):

MOAC Mall Holdings LLC v. Transform Holdco LLC

Share
Docket No. Op. Below Argument Opinion Vote Author Term
21-1270 2nd Cir. Dec 5, 2022
 TBD TBD TBD OT 2022

Issue: Whether Bankruptcy Code Section 363(m) limits the appellate courts’ jurisdiction over any sale order or order deemed “integral” to a sale order, such that it is not subject to waiver, and even when a remedy could be fashioned that does not affect the validity of the sale.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Mar 17 2022Petition for a writ of certiorari filed. (Response due April 20, 2022)
Mar 24 2022Motion to extend the time to file a response from April 20, 2022 to May 20, 2022, submitted to The Clerk.
Mar 25 2022Motion to extend the time to file a response is granted and the time is extended to and including May 20, 2022.
May 20 2022Brief of respondents Transform Holdco LLC and Sears Holdings Corporation in opposition filed.
May 27 2022Waiver of the 14-day waiting period for the distribution of the petition under Rule 15.5 filed by petitioner.
May 31 2022DISTRIBUTED for Conference of 6/16/2022.
May 31 2022Reply of petitioner MOAC Mall Holdings LLC filed. (Distributed)
Jun 21 2022DISTRIBUTED for Conference of 6/23/2022.
Jun 27 2022Petition GRANTED.
Jul 12 2022Motion for an extension of time to file the briefs on the merits filed.
Jul 22 2022Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including August 29, 2022. The time to file respondents' on the merits is extended to and including October 19, 2022.
Aug 23 2022Blanket Consent filed by Petitioner, MOAC Mall Holdings LLC
Aug 29 2022Brief of petitioner MOAC Mall Holdings LLC filed.
Aug 29 2022Joint appendix filed. (Statement of costs filed)
Aug 30 2022Brief amici curiae of The Hon. Judith Fitzgerald (Bankruptcy Judge, Ret.), et al. filed.
Sep 06 2022Brief amicus curiae of United States filed.
Sep 08 2022Blanket Consent filed by Respondent, Transform Holdco LLC and Sears Holdings Corporation
Oct 18 2022SET FOR ARGUMENT on Monday, December 5, 2022.
Oct 19 2022Brief of respondent Transform Holdco LLC filed.
Oct 24 2022Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed.
Oct 25 2022CIRCULATED.
Oct 28 2022Record requested from the U.S.C.A. 2nd Circuit.
Oct 28 2022Record received from the U.S.C.A. for the Second Circuit. The record is electronic and available on PACER, excluding one sealed item (docket 82) which was transmitted electronically.
Nov 07 2022Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument GRANTED.
Nov 18 2022Reply of petitioner MOAC Mall Holdings LLC filed. (Distributed)
Dec 05 2022Argued. For petitioner: Douglas H. Hallward-Driemeier, Washington, D. C.; and Colleen R. Sinzdak, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: G. Eric Brunstad, Jr., New Haven, Conn.
Jan 20 2023Record received from the U.S.D.C. for the Southern District of New York (1 envelope with sealed documents 18, 19 & 21).