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    The new framework for receiverships in Minnesota
    2012-07-31

    As of August 1st, the legal landscape for receiverships in the State of Minnesota will change dramatically. Receiverships have long been used a remedy for mortgage lenders to preserve commercial property in foreclosure, but a lack of clear guidance under Minnesota law has been problematic for all parties. The Minnesota State Bar Association convened a panel of experienced debtor creditor attorneys to create a new statutory framework, which was eventually passed by the Legislature and signed by the Governor this spring. The new receivership statute, codified under Minnesota St

    Filed under:
    USA, Minnesota, Insolvency & Restructuring, Larkin Hoffman Daly & Lindgren Ltd, Debtor, Foreclosure
    Authors:
    Richard (Jay) J Reding
    Location:
    USA
    Firm:
    Larkin Hoffman Daly & Lindgren Ltd
    No need to ”show the note” for a non-judicial trustee’s sale
    2012-07-09

    On May 18, 2012, the Arizona Supreme Court issued an opinion in Hogan v. Washington Mutual Bank, N.A., et al., CV-11-0115-PR, holding that Arizona’s non-judicial foreclosure statutes do not require the beneficiary to show the original promissory note for the trustee to notice and conclude a non-judicial trustee’s sale.

    Filed under:
    USA, Arizona, Insolvency & Restructuring, Litigation, Snell & Wilmer LLP, Foreclosure, Arizona Supreme Court
    Authors:
    Richard H. Herold , Colleen E. Schiman
    Location:
    USA
    Firm:
    Snell & Wilmer LLP
    Supreme Court upholds credit bidding rights in bankruptcy sales in RadLAX Gateway Hotel, LLC v. Amalgamated Bank
    2012-06-08

    On May 29, 2012, the United States Supreme Court issued its decision in RadLAX Gateway Hotel, LLC v. Amalgamated Bank, 566 U.S. ___ (2012), which affirmed that secured creditors have the right to use their claims to credit bid in auctions of their collateral conducted under bankruptcy reorganization plans. The decision is a victory for secured lenders because these credit bid rights ensure that, in the context of a collateral sale, secured lenders will be able to use their claims to purchase their collateral if they are not being repaid in full.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Hunton Andrews Kurth LLP, Bankruptcy, Credit (finance), Debtor, Collateral (finance), Foreclosure, Title 11 of the US Code, Supreme Court of the United States
    Location:
    USA
    Firm:
    Hunton Andrews Kurth LLP
    Creation of artificially impaired class to approve cram-down plan is not per se impermissible
    2012-03-15

    In re Village at Camp Bowie I, L.P., 454 B.R. 702 (Bankr. N.D. Texas, 2011)

    CASE SNAPSHOT

    Filed under:
    USA, Texas, Insolvency & Restructuring, Litigation, Reed Smith LLP, Debtor, Unsecured debt, Foreclosure, Good faith, Default (finance), Secured creditor, Title 11 of the US Code
    Authors:
    Ann E. Pille
    Location:
    USA
    Firm:
    Reed Smith LLP
    The 7th Circuit considers the indubitable equivalent standard—again!
    2012-03-15

    On June 28, 2011, the Seventh Circuit Court of Appeals decided In re River Road Hotel Partners, LLC v. Amalgamated Bank, 651 F. 3d 642 (7th Cir. 2011). The Court addressed Section 1129 (b)(2)(A) of the United States Bankruptcy Code in connection with a Plan of Reorganization to sell substantially all of the Debtor's assets. The Court held that the indubitable equivalent prong, (i.e., the "cram down" provisions of section 1129(b)(2)(A)(iii)) could not be used to preclude a secured creditor from credit bidding its claim under sections 363(k) and 1129(b)(2)(A)(ii) of the Code.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Reinhart Boerner Van Deuren SC, Debtor, Collateral (finance), Foreclosure, Fifth Circuit, Third Circuit, Seventh Circuit
    Authors:
    Peter C. Blain
    Location:
    USA
    Firm:
    Reinhart Boerner Van Deuren SC
    Prepayment premiums: lenders must avoid this mistake
    2012-02-27

    Prepayment provisions are intended, in part, to protect lenders in a depressed market from losses resulting from the costs of replacing their loans sooner than expected and having to relend at rates lower than those originally charged.  A New York federal district court recently upheld a bankruptcy judge's ruling denying a lender's claim for a $7.5 million prepayment premium against a borrower-debtor.1 The lender must have been both surprised and disappointed to learn from the courts' decisions that this result could have been avoided had the lender's loan documents included

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Herrick Feinstein LLP, Bankruptcy, Debtor, Consideration, Debt, Foreclosure, Default (finance)
    Authors:
    Paul Rubin , Hanh Huynh
    Location:
    USA
    Firm:
    Herrick Feinstein LLP
    Justice department claims $25 billion foreclosure settlement reached with largest mortgage servicers
    2012-02-10

    According to a U.S. Department of Justice press release, the federal government and 49 state attorneys general have reached a $25 billion settlement agreement with the nation’s five largest mortgage servicers to settle claims over alleged mortgage loan servicing and foreclosure abuses. If reports are correct, the agreement, which Attorney General Holder called the “the largest joint federal-state settlement ever obtained,” compels the mortgage servicers to adhere to extensive new servicing standards and provides considerable financial relief for homeowners.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Real Estate, Dykema Gossett PLLC, Mortgage loan, Foreclosure, State attorney general, US Department of Justice, Bank of America, United States bankruptcy court
    Authors:
    Donald C. Lampe , Fredrick S. Levin , Jeffrey E. Jamison
    Location:
    USA
    Firm:
    Dykema Gossett PLLC
    Delaware Bankruptcy Court dismisses Chapter 11 petition of mezzanine borrower as filed in bad faith
    2012-01-24

    The United States Bankruptcy Court for the District of Delaware (the Court) recently granted a motion to dismiss a mezzanine borrower’s chapter 11 bankruptcy petition at the outset of the debtor’s case.1 In In re JER/Jameson Mezz Borrower II, LLC, The Court found that the debtor’s petition had been filed in bad faith because, among other things, a junior mezzanine lender had directed the debtor to file the petition with the intent of hindering a senior mezzanine lender’s foreclosure efforts and without any valid reorganization purpose.

    Filed under:
    USA, Delaware, Banking, Insolvency & Restructuring, Litigation, Katten Muchin Rosenman LLP, Debtor, Foreclosure, Bad faith, Deed of trust (real estate), United States bankruptcy court, US District Court for District of Delaware
    Location:
    USA
    Firm:
    Katten Muchin Rosenman LLP
    Secured creditors need not file a proof of claim to lift the automatic stay to proceed with a foreclosure action
    2011-12-19

    In the Matter of Richard Louis Alexander (7th Cir., 2011) U.S. App. LEXIS 17110, (August 16, 2011)

    CASE SNAPSHOT

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Reed Smith LLP, Bankruptcy, Debtor, Foreclosure, Secured creditor, United States bankruptcy court, Seventh Circuit
    Authors:
    Christopher O. Rivas
    Location:
    USA
    Firm:
    Reed Smith LLP
    Court denies lender’s motion to dismiss Section 547 preference action seeking to avoid valid foreclosure sale
    2011-12-19

    Whittle Development, Inc. v. Branch Banking & Trust Co. et al. (In re Whittle Development Inc.) 2011 WL 3268398 (Bankr. N.D. Tex., July 27, 2011)  

    CASE SNAPSHOT

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Real Estate, Reed Smith LLP, Debtor, Foreclosure, Fair market value
    Authors:
    Ann E. Pille
    Location:
    USA
    Firm:
    Reed Smith LLP

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