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MOAC Mall Holdings LLC v. Transform Holdco LLC

Docket No. Op. Below Argument Opinion Vote Author Term
21-1270 2nd Cir. TBD 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.

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