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    State court receiverships and assignments for benefit of creditors
    2011-03-31

    Click here to view the webinar.

    Click here for the PowerPoint presentation.

    Click here for the presentation materials.

    State Court Receiverships

    Filed under:
    USA, Insolvency & Restructuring, Nexsen Pruet, Debtor, Limited liability company, Foreclosure, Liquidation, Investment company, Right to property, US Securities and Exchange Commission, Commodity Futures Trading Commission (USA), Federal Rules of Civil Procedure (USA)
    Authors:
    Christine L. Myatt
    Location:
    USA
    Firm:
    Nexsen Pruet
    Receiverships: you don't know what you don't know
    2011-04-06

    Receiverships are on the rise in Ohio and across the Midwest. In most cases, the appointment of a receiver heralds the close of a business. Receiverships are also commonly part of a foreclosure proceeding. Calfee's Business Restructuring and Insolvency practice group lawyers have extensive experience with both state and federal court receiverships and we can assist you in determining the impact of a receivership on your business.

    Filed under:
    USA, Ohio, Insolvency & Restructuring, Calfee Halter & Griswold LLP, Confidentiality, Bankruptcy, Credit (finance), Unsecured debt, Foreclosure, Liquidation, Common law
    Authors:
    Jean R. Robertson , James M. Lawniczak , Nathan A. Wheatley
    Location:
    USA
    Firm:
    Calfee Halter & Griswold LLP
    When tribal gaming goes sour... rights & remedies in an unclear legal environment
    2011-04-11

    Introduction

    Filed under:
    USA, Banking, Insolvency & Restructuring, Leisure & Tourism, Litigation, Cadwalader Wickersham & Taft LLP, Bankruptcy, Debtor, Collateral (finance), Option (finance), Debt, Credit risk, Foreclosure, Balance sheet, Default (finance), Casino, Leverage (finance), Title 11 of the US Code
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    California bankruptcy court: state foreclosure law trumps MERS
    2011-04-20

    In yet another attack on Mortgage Electronic Registration Systems (MERS), the U.S. Bankruptcy Court for the Southern District of California has refused to allow the assignee of a deed of trust (DOT) to regain possession of a home on which it had foreclosed where the assignment had not been recorded.

    Filed under:
    USA, California, Banking, Insolvency & Restructuring, Litigation, Ballard Spahr LLP, Bankruptcy, Debtor, Interest, Mortgage loan, Foreclosure, Default (finance), Deed of trust (real estate), California Civil Code, United States bankruptcy court, US District Court for Southern District of California
    Location:
    USA
    Firm:
    Ballard Spahr LLP
    Bankruptcy court sanctions home foreclosure processing servicer
    2011-04-18

    On April 7th, a federal bankruptcy court sanctioned Lender Processing Services, Inc., a home foreclosure service provider against whom the Federal Reserve Board and OCC have initiated enforcement action. The opinion explains LPS's business model and that model's failings, and cites case law documenting LPS's historic shortcomings. It reminds litigants that proving a default is the lender's, not counsel's, responsibility. In re Ron Wilson, Sr.  

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Winston & Strawn LLP, Bankruptcy, Foreclosure, Federal Reserve Board, United States bankruptcy court
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    Judge Carey reminds us: in a bankruptcy, following the proper procedure matters
    2011-04-18

    Summary

    In a 13 page decision signed, April 11, 2011, Judge Carey of the Delaware Bankruptcy Court granted a motion disallowing a creditor’s late-filed bankruptcy claim, and held that if there is no legal requirement that a party respond to an affidavit, a lack of response does not bind a party to that affidavit nor can it be considered an admission by that party. Judge Carey’s opinion is available here.

    Background

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Debtor, Mortgage loan, Foreclosure, United States bankruptcy court, Third Circuit
    Authors:
    L. John Bird
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Opportunities for creditors under the revised Receivership Act
    2011-04-18

    Washington Governor Christine Gregoire has signed into law a series of changes to the state Receivership Act that will make it easier (and possibly cheaper) for creditors to utilize the Receivership Act as a tool to resolve troubled loan situations with their borrowers. The revisions will become effective 90 days after the Legislature adjourns, making July 24, 2011, the likely effective date. The changes clarify a number of points that previously puzzled both judges and practitioners.

    Creditors' Rights

    Filed under:
    USA, Washington, Banking, Insolvency & Restructuring, Lane Powell PC, Debtor, Collateral (finance), Option (finance), Foreclosure, Liability (financial accounting), Economy, Liquidation, Asset forfeiture
    Location:
    USA
    Firm:
    Lane Powell PC
    Absolute assignment of rents enforced under New York law
    2011-04-25

    A New York bankruptcy judge has refused to permit a debtor to use rents generated by its real property because the rents absolutely assigned to the lender pre-petition were not property of the debtor's bankruptcy estate.2 Before the bankruptcy filing, the lender sent the borrower a default notice and terminated the borrower's license to collect rents. The lender also directed tenants to pay rents to it and not the borrower, commenced a foreclosure action, and sought appointment of a receiver.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Real Estate, Herrick Feinstein LLP, Bankruptcy, Debtor, Leasehold estate, Foreclosure, Default (finance), United States bankruptcy court
    Authors:
    Paul Rubin
    Location:
    USA
    Firm:
    Herrick Feinstein LLP
    Understanding lease provisions key to managing tenant risks in event of commercial foreclosures and bankruptcies
    2011-05-12

    Anyone in the commercial real estate business can tell you that the past couple of years have seen a significant uptick in the number of commercial foreclosures and owner bankruptcies. While it does appear that the market is improving, we’re certainly not out of the woods. We are likely to see headlines declaring the latest big bankruptcy or foreclosure for a few more quarters. Sometimes lost in the headlines is the impact such issues have on the tenants in these commercial properties.

    Filed under:
    USA, Insolvency & Restructuring, Leisure & Tourism, Real Estate, Davis Wright Tremaine LLP, Contractual term, Bankruptcy, Commercial property, Landlord, Leasehold estate, Interest, Mortgage loan, Foreclosure
    Authors:
    John B. Benazzi
    Location:
    USA
    Firm:
    Davis Wright Tremaine LLP
    Bankruptcy court holds: affirmative actions taken by mortgage lender exclude rents from bankruptcy estate
    2011-05-16

    In a decision that clarifies the rights of secured lenders to rents generated by a mortgaged property under New York law, a bankruptcy court in the Southern District of New York has held that rents which were assigned pre-petition pursuant to an assignment of rents executed in connection with a mortgage loan do not belong to the bankruptcy estate because the Lender took sufficient affirmative actions to perfect its rights over the rents.1

    Filed under:
    USA, New York, Banking, Insolvency & Restructuring, Litigation, McCarter & English LLP, Bankruptcy, Debtor, Leasehold estate, Interest, Debt, Mortgage loan, Foreclosure, Cashflow, Default (finance), Capital punishment, Affirmative action, Secured loan, United States bankruptcy court
    Location:
    USA
    Firm:
    McCarter & English LLP

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