MOAC Mall Holdings LLC v. Transform Holdco LLC
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 21-1270 | 2nd Cir. | Dec 5, 2022 | Apr 19, 2023 | 9-0 | Jackson | OT 2022 |
Holding: Section 363(m) of the Bankruptcy Code " which restricts the effects of certain successful appeals of judicially authorized sales or leases of bankruptcy-estate property " is not a jurisdictional provision.
Judgment: Vacated and remanded, 9-0, in an opinion by Justice Jackson on April 19, 2023.
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| Date | Proceedings and Orders |
|---|---|
| 03/17/2022 | Petition for a writ of certiorari filed. (Response due April 20, 2022) |
| 03/24/2022 | Motion to extend the time to file a response from April 20, 2022 to May 20, 2022, submitted to The Clerk. |
| 03/25/2022 | Motion to extend the time to file a response is granted and the time is extended to and including May 20, 2022. |
| 05/20/2022 | Brief of respondents Transform Holdco LLC and Sears Holdings Corporation in opposition filed. |
| 05/27/2022 | Waiver of the 14-day waiting period for the distribution of the petition under Rule 15.5 filed by petitioner. |
| 05/31/2022 | DISTRIBUTED for Conference of 6/16/2022. |
| 05/31/2022 | Reply of petitioner MOAC Mall Holdings LLC filed. (Distributed) |
| 06/21/2022 | DISTRIBUTED for Conference of 6/23/2022. |
| 06/27/2022 | Petition GRANTED. |
| 07/12/2022 | Motion for an extension of time to file the briefs on the merits filed. |
| 07/22/2022 | Motion 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. |
| 08/23/2022 | Blanket Consent filed by Petitioner, MOAC Mall Holdings LLC |
| 08/29/2022 | Brief of petitioner MOAC Mall Holdings LLC filed. |
| 08/29/2022 | Joint appendix filed. (Statement of costs filed) |
| 08/30/2022 | Brief amici curiae of The Hon. Judith Fitzgerald (Bankruptcy Judge, Ret.), et al. filed. |
| 09/06/2022 | Brief amicus curiae of United States filed. |
| 09/08/2022 | Blanket Consent filed by Respondent, Transform Holdco LLC and Sears Holdings Corporation |
| 10/18/2022 | SET FOR ARGUMENT on Monday, December 5, 2022. |
| 10/19/2022 | Brief of respondent Transform Holdco LLC filed. |
| 10/24/2022 | Motion 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. |
| 10/25/2022 | CIRCULATED. |
| 10/28/2022 | Record requested from the U.S.C.A. 2nd Circuit. |
| 10/28/2022 | Record 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. |
| 11/07/2022 | Motion 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. |
| 11/18/2022 | Reply of petitioner MOAC Mall Holdings LLC filed. (Distributed) |
| 12/05/2022 | Argued. 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. |
| 01/20/2023 | Record received from the U.S.D.C. for the Southern District of New York (1 envelope with sealed documents 18, 19 & 21). |
| 04/19/2023 | Judgment VACATED and case REMANDED. Jackson, J., delivered the <a href = 'https://www.supremecourt.gov/opinions/22pdf/21-1270_3204.pdf'>opinion</a> for a unanimous Court. |
| 05/17/2023 | Record returned to the U.S.D.C. for the Southern District of New York (1 envelope with sealed documents 18, 19 & 21). |
| 05/22/2023 | Judgment issued. |