On June 27, 2024, the United States Supreme Court issued its long-awaited opinion in Harrington v. Purdue Pharma L.P., holding that the Bankruptcy Code does not permit nonconsensual releases of nondebtors.
As a...more
On April 26, 2023, Miller Canfield alerted readers to the Supreme Court opinion in MOAC Mall Holdings, LLC v. Transform Holdco, LLC. The MOAC decision may affect property sales in bankruptcy cases because it could weaken the...more
3/1/2024
/ 363 Sales ,
Bankruptcy Code ,
Bankruptcy Court ,
Commercial Bankruptcy ,
Jurisdiction ,
Leases ,
MOAC Mall Holdings LLC v Transform Holdco LLC ,
Real Estate Transactions ,
Real Estate Transfers ,
Sale of Assets ,
SCOTUS ,
Section 363 ,
Stays
On April 19, 2023, the Supreme Court issued its opinion in MOAC Mall Holdings, LLC v. Transform Holdco, LLC. The decision has implications for sales of property in bankruptcy cases.
Section 363(m) of the Bankruptcy Code...more
4/27/2023
/ 363 Sales ,
Bankruptcy Code ,
Bankruptcy Court ,
Chapter 11 ,
Commercial Bankruptcy ,
Corporate Counsel ,
Debtors ,
Jurisdiction ,
Leases ,
MOAC Mall Holdings LLC v Transform Holdco LLC ,
Mootness ,
Sale of Assets ,
SCOTUS ,
Section 363
In an 8-1 decision on May 20, 2019, the Supreme Court of the United States held in Mission Product Holdings Inc. v. Tempnology, LLC that a debtor's rejection of a trademark license under Section 365 of the Bankruptcy Code...more
5/28/2019
/ Bankruptcy Appellate Panel (BAP) ,
Bankruptcy Code ,
Breach of Contract ,
Commercial Bankruptcy ,
Debtors ,
Executory Contracts ,
IP License ,
Mission Product Holdings Inc v Tempnology LLC ,
SCOTUS ,
Section 365 ,
Trademark Licenses