Shareholder Chris Hawkins authored a second case review analyzing the high-profile Chapter 11 bankruptcy case of Sears, which produced another decision involving the high-profile Mall of America (“Mall”). The review was 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 California Lawyers Association. 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 second case review, Mr. Hawkins discusses the Mall’s objection to objection to Sear’s assuming and assigning its lease to a buyer. The Mall lost at the Bankruptcy Court but appealed and won at the District Court. The Buyer then switched tactics and filed a motion for reconsideration with the District Court, arguing “m is for moot” – statutory mootness under section 363(m). The Court was forced to agree with the buyer, and handed it a huge victory, despite being “appalled” by the buyer’s behavior in the case.
To read the second 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.