G. Eric Brunstad, Jr. Presents Oral Argument Before US Supreme Court on Behalf of Transform Holdco LLC
December 12, 2022
On December 5, 2022, financial restructuring partner G. Eric Brunstad, Jr. presented oral argument before the U.S. Supreme Court on behalf of Transform Holdco LLC (Transform) in MOAC Mall Holdings LLC v. Transform Holdco LLC, no. 21-1270, arising out of the Chapter 11 bankruptcy proceedings of Sears, Roebuck and Co.
The case centers around Transform’s purchase of a building and ground lease belonging to Sears’ bankruptcy estate. Transform purchased the property from the estate in 2019.
In his oral argument, Mr. Brunstad defended Transform’s rights as a purchaser, arguing that “There is no way to undo the sale in this instance. The bankruptcy court on remand has no subject matter jurisdiction over this property.”
Responding to further questioning from the Court, he continued, “Once property leaves the estate, the jurisdiction of the bankruptcy court lapses. Here we have a uniquely worded statute with intended jurisdictional consequences.”
A highly experienced appellate litigator, this is Mr. Brunstad’s eleventh argument in the U.S. Supreme Court, in addition to more than 35 other Supreme Court matters he has worked on over the years. His argument on behalf of Transform has been covered by multiple publications, including Bloomberg Law, Law360, Courthouse News Service and Star Tribune.
A full transcript and recording of the oral argument may be accessed here.
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About Dechert
Dechert is a leading global law firm with 21 offices around the world. We advise on matters and transactions of the greatest complexity, bringing energy, creativity, and efficient management of legal issues to deliver commercial and practical advice for clients.
