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The Supreme Court will hear two bankruptcy cases in the term to begin this coming October. Yesterday, the high court granted certiorari to decide whether the failure to obtain the stay of a sale approval order erects a jurisdictional bar to appeal under Section 363(m), according to an analysis in today’s Rochelle’s Daily Wire. The courts of appeals are split 6-2. Led by the Second Circuit, the minority hold that Section 363(m) is jurisdictional and bars an appeal from any order that is “integral” to a sale order. The Fifth Circuit sides with the Second. The majority — composed of the Third, Sixth, Seventh, Ninth and Tenth Circuits — hold that Section 363(m) only sets limits on the relief that a court may grant on appeal from a sale order and is not jurisdictional. With the grant of certiorari, the Supreme Court will review MOAC Mall Holdings LLC v. Transform Holdco LLC (In re Sears Holdings Corp.), 20-1846, 2021 BL 481940, 2021 US App Lexis 37358, 2021 WL 5986997 (2d Cir. Dec. 17, 2021).

Rock Hill, S.C., Mayor John Gettys spoke out for the first time since the Carolina Panthers terminated agreements to build a training facility in Rock Hill and David Tepper’s GT Real Estate subsequently filed for bankruptcy, accusing Tepper of filing bankruptcy to avoid paying contractors for their work on the project. In early March, Tepper Sports and Entertainment, another one of David Tepper’s companies, said it was pausing the Rock Hill project because the city of Rock Hill did not hold up its end of the bargain in the deal. WCNC Charlotte later discovered the city failed to secure $225 million in bonds to pay for roads, sidewalks and other public infrastructure on the site. Gettys denies any wrongdoing by the city. In a statement released in April, the city of Rock Hill said that it “met all obligations required under the agreements.” “With the Panthers, the owner filed for bankruptcy in order to get away from paying his general contractors that they got to move down to this area, which is what it is,” Gettys said on Thursday. GT Real Estate owes creditors millions of dollars. Among them is York County, with a claim of $21 million, as well as Mascaro/Barton Malow, a joint venture construction management group over the site project, with a $26 million claim. On the filing paperwork, the city of Rock Hill is listed as a creditor for just over $100 in unpaid utility payments.