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MOAC MALL HOLDINGS LLC v. TRANSFORM HOLDCO LLC

No. 21-1270.

143 S.Ct. 927 (2023)

598 U.S. 288

MOAC MALL HOLDINGS LLC, Petitioner v. TRANSFORM HOLDCO LLC, et al.

Supreme Court of United States.

Decided April 19, 2023.

Attorney(s) appearing for the Case

Douglas H. Hallward-Driemeier, Washington, DC, for Petitioner.

Colleen R. Sinzdak, for United States as amicus curiae, by special leave of the Court.

G. Eric Brunstad, Jr., New Haven, CT, for Respondents.

Gregg M. Galardi, Andrew G. Devore, Daniel G. Egan, Ropes & Gray LLP, New York, Gregory S. Otsuka, Thomas J. Flynn, Larkin Hoffman Daly & Lindgren, Ltd, Minneapolis, MN, Douglas Hallward-Driemeier, Counsel of Record, Ropes & Gray LLP, Washington, DC, for Petitioner.

Amy R. Wolf, Michael H. Cassel, Wachtell, Lipton, Rosen & Katz, New York, NY, G. Eric Brunstad, Jr., Counsel of Record, David A. Herman, Carla G. Graff, Dechert LLP, New Haven, CT, for Respondents.

Under conditions prescribed by Congress, the Bankruptcy Code permits a debtor (or a trustee) to sell or lease the bankruptcy estate's property outside of the ordinary course of the bankrupt entity's business. 11 U.S.C. § 363(b). Interested parties may file an objection to such a sale or lease...

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