Lampert Shouldn’t Keep Sears Mall of America Lease, Judge Rules

Feb. 27, 2020, 11:42 PM UTC

A federal judge sides with Mall of America and overturned a bankruptcy court’s decision to award a high-profile lease to Eddie Lampert’s Transform Holdco LLC after he bought the assets of bankrupt Sears Holdings Corp.

  • Chief Judge Colleen McMahon of the U.S. Southern District of New York says evidence doesn’t support Judge Robert Drain’s decision to award the lease to Transform
  • Mall of America had appealed, arguing that parts of the bankruptcy code that protect mall owners and tenants prohibits assignment to Transform; a tenant must demonstrate it’s not at risk of near-term bankruptcy
  • Drain had said a ...

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