In Re: Sears Holdings Corporation

Background

The order concerns two bankruptcy appeals. In the first appeal, Sears Holdings Corporation is identified as the appellant and Cyrus Capital Partners, L.P. as the appellee. In the second, the Official Committee of Unsecured Creditors of Sears Holdings Corporation and others are identified as appellants, with Cyrus as the appellee.

On November 2, 2022, the court approved stipulations of partial dismissal in both appeals. Those stipulations stated that they did not affect the appeals against Cyrus Capital Partners, L.P.

Earlier Order and Subsequent Appeal

A September 10, 2020 order required the debtors and the Official Committee of Unsecured Creditors to advise the court within ten days after final resolution of further appeals involving a related Section 507(b) order. The opinion states that the Second Circuit affirmed the court’s judgment on October 14, 2022, and that the bankruptcy court had entered the judgment previously affirmed by the district court.

The opinion states that the parties had not complied with the September 10 order.

Court’s Action

The court ordered the debtors and the committee to file a letter by November 4, 2022. The letter had to explain how they wished to proceed, including why the case had not been dismissed as to Cyrus Capital Partners, L.P. This order required clarification and did not itself state that the remaining appeal against Cyrus was dismissed. Judge Vincent L. Briccetti signed the order.