Tag Archives: US Supreme Court

MOAC Mall Holdings LLC v. Transform Holdco LLC – The US Supreme Court Unanimously Rules That Section 363(m) Is Not Jurisdictional

On April 19, 2023 the Supreme Court issued its unanimous ruling in MOAC Mall Holdings LLC v. Transform Holdco LLC, 528 U.S ____ (2023), holding that the limitations contained in section 363(m) of the United States Bankruptcy Code are not jurisdictional.  The Supreme Court’s ruling not only resolved a split amongst the circuits, but it … Continue Reading

Baker & Botts – Is the Second Shoe About to Drop?

When the Supreme Court issued its decision in Baker & Botts L.L.P. v. ASARCO LLC in June, it caused something of a flutter in the bankruptcy community. The decision held that a professional could not recover for the fees it incurred in defending against objections to its fee application. The decision focused on the so-called … Continue Reading

Same Song – – Third Verse: US Supreme Court Hears Arguments in Wellness v. Sharif

“Bad news comes in threes.” “Third time’s the charm.” “Three strikes and you’re out.” One of these three adages may come to characterize the outcome of a case of significant import argued before the US Supreme Court this week. The Supreme Court heard arguments on Wellness Int’l Network, Ltd. v. Sharif. The case is the … Continue Reading