Nathan Elner

June 05, 2023 | New York Law Journal

The Supreme Court's holding in MOAC Mall Holdings was that 11 U.S.C. Section 363(m), which limits the impact of appeals of unstayed bankruptcy court sale orders, is not jurisdictional because it does not satisfy the "clear-statement principle" and, thus, it does not preclude all appellate review.

By Thomas Califano and Nathan Elner

8 minute read