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U.S. Supreme Court takes dispute over extremely cheap mall lease | Reuters

In hearing this case, the Supreme Court will be asked to decide the extent to which current US bankruptcy law limits the appeals of bankruptcy sales in Chapter 11 cases. The lease at issue in this case offered the debtor a price of merely $10/year for 100 years for a spot in the Mall of America which was transferred to a new company upon the debtor’s bankruptcy. The Supreme Court’s decision on this matter will touch upon what is considered “integral” to a court-approved bankruptcy sale and will affect future bankruptcy appeals related to asset sales and lease transfers.

The U.S. Supreme Court […] agreed to hear Mall of America’s challenge to a lower court ruling finding it had to honor an extremely tenant-friendly lease it had made with Sears Holdings Corp, which was sold to a new owner during the U.S. department store chain’s bankruptcy case.

Source: U.S. Supreme Court takes dispute over extremely cheap mall lease | Reuters

Thomas H. Curran Associates represents a broad range of businesses and corporate entities, private equity funds, as well as governmental agencies and other interested parties in all phases of the bankruptcy process and in bankruptcy related transactions and litigation. As advocates and trusted business advisors, our well-established foundation of knowledge and understanding of our clients’ business and professional interests, enables our attorneys to deliver unparalleled individualized attention to our clients of all sizes with their bankruptcy, litigation and corporate transactional needs.

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