MOAC Mall Holdings LLC v. Transform Holdco LLC – The Supreme Court’s Second Rejection of a Jurisdictional Statutory Interpretation this Year.

Sasha M. Gurvitz, KTBS Law LLP

Writing for a unanimous court, Justice Jackson held in MOAC Mall Holdings LLC v. Transform Holdco LLC that 11 U.S.C.A. § 363(m)-a provision of the Bankruptcy Code that validates most bankruptcy court sale and lease orders notwithstanding reversal or modification on appeal, in absence of a stay-is not jurisdictional, and therefore may be subject to the doctrines of waiver, forfeiture, and the like.

Norton Bankruptcy Law Adviser, May 2023 Issue 5

Reprinted from Bankruptcy Law Letter, Volume 5, No. 1, May 2023, with permission. Copyright © 2023, Thomson Reuters. For more information about this publication, please visit https://legal.thomsonreuters.com/en/products/law-books.