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Chapter 11 Sears

Jones Day

U.S. Supreme Court Rules that Bankruptcy Code's Protection of Unstayed Asset Sale Orders to Good-Faith Purchasers Is Not...

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Section 363(m) of the Bankruptcy Code provides that the reversal or modification of an order approving a sale or lease of assets in bankruptcy does not affect the validity of the sale or lease to a good-faith purchaser or...more

Fox Rothschild LLP

How Safe Is Your 363(m) Sale? The Supreme Court’s Invalidation of Statutory Mootness is a Risk to Asset Purchasers Seeking...

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On April 19, 2023, Justice Ketangi Brown Jackson, writing for a unanimous Court in MOAC Mall Holdings LLC v. Transform Holdco LLC et.al., 598 U.S. ___ 143 S. Ct. 927 (2023), held that Bankruptcy Code section 363(m) is not...more

Jones Day

U.S. Supreme Court Rules Appellate Protection of Bankruptcy Property Sale Is Subject to Waiver and Estoppel

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In Short - The Situation: The U.S. Supreme Court considered whether § 363(m) of the Bankruptcy Code, which limits a party's ability to undo an asset transfer made to a good-faith purchaser in a bankruptcy case, is...more

Cadwalader, Wickersham & Taft LLP

United States Supreme Court Holds that Bankruptcy Code Section 363(m) Does Not Preclude Appellate Jurisdiction on Asset Sale...

In a ruling issued just yesterday, MOAC Mall Holdings LLC v. Transform Holdco LLC et al., 598 U.S. ----, 2023 WL 2992693 (2023) (“MOAC”), the United States Supreme Court (the “Supreme Court”) held that Bankruptcy Code section...more

Spilman Thomas & Battle, PLLC

SCOTUS and Bankruptcy Orders – Considering Jurisdiction and Impact

The U.S. Supreme Court recently heard arguments in MOAC Mall Holdings LLC v. Transform Holdco LLC. The case involves the authority of a court of appeals to review a bankruptcy order authorizing a bankrupt tenant to sell its...more

Kramer Levin Naftalis & Frankel LLP

District Court Bars Assignment by Sears, Provision in Lease Cannot Supersede §365(b)(3)(A)

In an opinion dated Feb. 27, 2020, Judge Colleen McMahon of the United States District Court for the Southern District of New York reversed the decision of the bankruptcy court that had granted Sears the right to assign its...more

Tucker Arensberg, P.C.

Sears Holdings Corp. Expected to Pursue 1000s of Preference Actions after Court’s Approval of Chapter 11 Plan of Liquidation

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On October 7, 2019, the United States Bankruptcy Court for the Southern District of New York confirmed Sears Holdings Corp.’s chapter 11 plan of liquidation.  Sears currently owes tens of millions of dollars to its...more

Goulston & Storrs PC

“Retail Apocalypse: The End – Or A New Beginning?”

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The last several years have been treacherous for the retail sector.  Changing shopping patterns and shifting demographics have led some commentators to declare that the (retail) apocalypse is upon us. ...more

Fox Rothschild LLP

Sears Debtors Sue Former CEO & Others Seeking Billions

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In October of this year, Sears Holdings Corp and affiliated Debtors filed a Chapter 11 case in the U.S. Bankruptcy Court for the Southern District of New York in a case pending before Judge Drain. Since that time, the company...more

Farrell Fritz, P.C.

When big retailers go bankrupt - Long Island landlords, vendors and others are impacted

Farrell Fritz, P.C. on

Farrell Fritz Attorney Patrick Collins was quoted in this Long Island Business News Article. The parade of retailers filing for bankruptcy marches on as consumer shopping habits continue to evolve and e-commerce keeps...more

Patterson Belknap Webb & Tyler LLP

Sears: Another Retail Giant Turning to Bankruptcy Court for Help

Started as a mail-order retailer, evolved to brick-and-mortar stores in urban areas and expanded to a big-box retailer through merger, Sears is now facing the most turbulent time in its history. On October 15, 2018, Sears...more

Lowndes

Iconic Sears Files for Bankruptcy. Will Your Business be Impacted?

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Sears (Sears Holdings Corporation) filed for bankruptcy protection under Chapter 11 in the Southern District of New York on Monday. ...more

Robins Kaplan LLP

Your Daily Dose of Financial News

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Instagram co-founders Kevin Systrom and Mike Krieger have resigned over the direction of their app, which Facebook acquired in 2012. The pair has reportedly been frustrated of late by the increasing intervention of Facebook’s...more

Shumaker, Loop & Kendrick, LLP

Kmart Bankruptcy, Part Deux

It’s no secret that Kmart is facing another liquidity crisis. Just over ten years after Sears rescued the discount retailer from bankruptcy in 2006, the pioneer of the “blue light special” is destined for another, and...more

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