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The U.S. Supreme Court recently issued its latest bankruptcy opinion in MOAC Mall Holdings LLC v. Transform Holdco LLC, holding that the Bankruptcy Code’s rule against invalidating 363...
Court’s analysis revolved around the clear-statement rule, where the Court will require the legislature to clearly state when some limitation in a statute is jurisdictional.
April 19, the Supreme Court SCOTUS decided three cases Reed v Goertz when statute of limitations under 42 USC 1983 a procedural due process claim begins to run, Turkiye Halk Bankasi AKA Halkbank v US a Foreign Sovereign Immunities Act of 1976 FSIA case, MOAC Mall Holdings v Transform Holdco bankruptcy case
Supreme Court in MOAC Mall Holdings v. Transform Holdco purchasers raise section 363m protections promptly, and cannot rely on 363m avoid the appeal process, bankruptcy asset purchasers post sale conduct does not result in intentional or unintentional waiver of their rights
On April 19, 2023, the U.S. Supreme Court issued its opinion in MOAC Mall Holdings LLC v. Transform Holdco LLC, 598 U.S. (2023), reversing the Second Circuit decision and determining...