Shareholder Chris Hawkins authored a case review analyzing MOAC Mall Holdings LLC. v. Transform Holdco LLC (In re Sears Holdings Corporation) published by Westlaw in the Commercial Finance Newsletter and by the California Lawyers Association (CLA). The Commercial Finance Newsletter is written by an ad hoc group of the Business Law Section of the CLA . Editorial contributions were made by the Hon. Meredith Jury (United States Bankruptcy Judge, C.D. Cal., Ret.) who is also a member of the ad hoc group.
In the case review, Mr. Hawkins discusses how a District Court vacated and remanded a Bankruptcy Court order authorizing the assumption and assignment of a lease between Sears and Mall of America. The District Court found that the Bankruptcy Court had improperly allowed a provision in the lease to override the statutory mandate of Bankruptcy Code section 365(b)(3)(A) requiring similar financial conditions between the debtor and the assignee.
To read the entire case review, please click here.
Shareholder Chris Hawkins is the former managing partner of Sullivan Hill, serves on the firm’s executive committee, is a member of the Business Law Section of the CLA, and serves on the organization’s Commercial Transactions Committee. Mr. Hawkins practices in the Insolvency and Commercial Bankruptcy, Business Transactions, and Commercial and Business Litigation practice groups. Within these practice areas, he represents a variety of corporate debtors, bankruptcy trustees, receivers, banks, trade creditors, asset purchasers and other parties in interest in all aspects of commercial insolvency, including bankruptcies, receiverships, and assignments for the benefit of creditors. He also represents clients with non-insolvency financial matters in both the transaction and litigation contexts.
About Sullivan Hill:
Sullivan Hill has provided efficient, aggressive, and responsive legal representation for more than 50 years. The firm provides full service representation to clients in a variety of industries with an emphasis in insolvency, construction disputes, insurance coverage, real estate, business disputes, civil litigation, and transactional work. The firm has offices in San Diego and Las Vegas.