Moac Mall Holdings LLC v. Transform Holdco LLC (598 U.S. 288)
U.S. Supreme Court · decided April 19, 2023 · Supreme Court Database (Spaeth)
- Citation
- 598 U.S. 288 · 143 S. Ct. 927
- Decided
- April 19, 2023
- Term
- October Term 2022
- Vote
- 9–0
- Majority author
- Justice Jackson
- Issue area
- Economic Activity
- Disposition
- Vacated and remanded
- Outcome
- Petitioning party won
- Ideological direction
- Conservative
Opinion excerpt
(Slip Opinion) OCTOBER TERM, 2022 1 Syllabus NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U. S. 321 , 337. SUPREME COURT OF THE UNITED STATES Syllabus MOAC MALL HOLDINGS LLC v. TRANSFORM HOLDCO LLC ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT No. 21–1270. Argued December 5, 2022—Decided April 19, 2023 The question presented—whether 11 U. S. C. §363 (m) of the Bankruptcy Code is jurisdictional—arises in the context of the Chapter 11 bank- ruptcy of Sears, Roebuck and Co. Sears sold most of its pre-bank- ruptcy assets to respondent Transform Holdco LLC, including the right to designate to whom a lease between Sears and petitioner MOAC Mall Holdings LLC should be assigned. MOAC leases space to tenants at the Minnesota Mall of America. The agreement with Trans- form required Sears to assign the lease to any assignee duly designated by Transform. When Transform later designated the Mall of America lease for assignment to its wholly owned subsidiary, MOAC filed an objection with the Bankruptcy Court, arguing that Sears had not shown “adequate…
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