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    Recent case serves as a reminder that both tax and bankruptcy law implications should be considered
    2012-09-17

    In 2012, several judicial opinions have reminded directors, officers and “responsible persons” that personal liability may be imposed for business taxes. See our alert from June 20, 2012. Responsible persons are reminded again that not only will authorities impose liability for unpaid taxes of a business on individuals but that the imposition of such taxes may not be dischargeable in bankruptcy.

    Filed under:
    USA, Michigan, Insolvency & Restructuring, Litigation, Tax, Dykema Gossett PLLC, Bankruptcy, Excise, US Code, United States bankruptcy court
    Authors:
    Wayne D. Roberts , Steven E. Grob , William C. Lentine , Anthony Ilardi, Jr.
    Location:
    USA
    Firm:
    Dykema Gossett PLLC
    The Michigan Supreme Court addresses the priority of receivership expenses in the context of a mortgage foreclosure by advertisement proceeding
    2012-08-13

    Like the common law of most other states, Michigan law generally grants to a court-appointed receiver a first priority claim in the receivership proceeding for payment of the receiver’s fees and expenses incurred in that proceeding. See, e.g., In re Dissolution of Henry Smith Floral Co., 260 Mich. 299, 244 N.W. 480 (1932); Cohen v. Cohen, 125 Mich. App. 206, 335 N.W.2d 661 (1983).

    Filed under:
    USA, Michigan, Banking, Insolvency & Restructuring, Litigation, Barnes & Thornburg LLP, Mortgage loan, Foreclosure
    Authors:
    John T. Gregg , Patrick E. Mears
    Location:
    USA
    Firm:
    Barnes & Thornburg LLP
    Court confirms that no statutory or common law landlord’s lien exists under Michigan law
    2012-08-07

    The United States Bankruptcy Court for the Western District of Michigan recently held in a published opinion that no statutory or common law landlord’s lien exists under Michigan law. Rather, in order for a landlord to assert a valid lien on the personal property of its tenant, the tenant must have consensually agreed to grant a security interest in the property and the landlord must have perfected such interest in accordance with Article 9 of the Uniform Commercial Code. In re Kentwood Pharmacy, LLC, ___ B.R. ___, 2012 WL 2899383 (Bankr. W.D. Mich. July 17, 2012).

    Filed under:
    USA, Michigan, Insolvency & Restructuring, Litigation, Real Estate, Barnes & Thornburg LLP, Leasehold estate, Personal property, Common law, Uniform Commercial Code (USA), United States bankruptcy court
    Authors:
    John T. Gregg , Patrick E. Mears
    Location:
    USA
    Firm:
    Barnes & Thornburg LLP
    The fallout from Cherryland—will the non-recourse carve-out guaranty ever be the same again?
    2012-06-20

    The Issue

    The issue is whether the insolvency of a borrower under a non-recourse loan can trigger recourse liability for itself and its “bad boy,” non-recourse carve-out guarantors.

    Filed under:
    USA, Michigan, Banking, Insolvency & Restructuring, Litigation, Real Estate, Haynes and Boone LLP, Debtor, Default (finance), Commercial mortgage-backed security
    Authors:
    Trevor Hoffmann , Lawrence Mittman
    Location:
    USA
    Firm:
    Haynes and Boone LLP
    Are inherited IRAs protected in bankruptcy?
    2012-05-01

    Whether post-death creditor protection is available to inherited IRAs under the 2005 Bankruptcy Act has been the subject of a number of cases decided in the last several years. The argument made by bankruptcy trustees is that, on the death of the IRA owner, the IRA ceases to be “retirement funds” as it is not the retirement funds of the beneficiary. Consequently, the bankruptcy trustees argue that the inherited IRA ceases to have the protection afforded to IRAs under the Bankruptcy Code.

    Filed under:
    USA, Michigan, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Bryan Cave Leighton Paisner (Bryan Cave), Bankruptcy, Beneficiary, United States bankruptcy court
    Authors:
    Kathleen R. Sherby , Stephanie L. Moll
    Location:
    USA
    Firm:
    Bryan Cave Leighton Paisner (Bryan Cave)
    Recent decisions on non-recourse carve-outs in CMBS loans
    2012-03-19

    Recent court decisions in the state of Michigan—Wells Fargo Bank, NA v. Cherryland Mall, ____ N.W.2d _____, 2011 WL 6785393 (Mich.App. 2011) (Cherryland) in the Michigan intermediate appellate court and 51382 Gratiot Avenue Holdings Inc. v. Chesterfield Development Company, 2011 U.S. Dist. LEXIS 142404 (E.D. Mi. Dec.

    Filed under:
    USA, Michigan, Banking, Insolvency & Restructuring, Litigation, Securitization & Structured Finance, Alston & Bird LLP, Surety, Debtor, Debt, Liability (financial accounting), Commercial mortgage-backed security, Wells Fargo
    Authors:
    Robert J. Sullivan
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Legislation proposed in State of Michigan to declare solvency covenants of non-recourse loans unenforceable
    2012-03-07

    A proposed bill entitled the Nonrecourse Mortgage Loan Act and recently introduced to the Senate for the State of Michigan would regulate the use and enforceability of certain loan covenants in non-recourse commercial transactions. Presumably, the bill, Senate Bill No. 992 introduced on Feb. 29, 2012 and referred to the Committee on Economic Development, is in reaction to a recent decision of the Michigan Court of Appeals finding a guarantor liable for a deficiency claim notwithstanding the non-recourse nature of the loan. See Wells Fargo Bank, NA v. Cherryland Mall Ltd.

    Filed under:
    USA, Michigan, Banking, Insolvency & Restructuring, Litigation, Barnes & Thornburg LLP, Surety, Debtor, Mortgage loan, Wells Fargo
    Authors:
    John T. Gregg , Patrick E. Mears , Kenneth W. (Ken) Vermeulen
    Location:
    USA
    Firm:
    Barnes & Thornburg LLP
    Michigan’s emergency financial manager law and its impact on creditors of municipalities and school districts
    2012-03-08
    1. Introduction

    On Feb. 29, 2012, a Michigan citizens’ group opposed to the State of Michigan’s emergency financial manager law (officially entitled “Local Government and School District Fiscal Accountability Act,” MCL §§ 141.1501 et seq. and referred to herein as the “Act”), filed petitions to place the issue of the Act’s rejection on the state ballot in November.

    Filed under:
    USA, Michigan, Insolvency & Restructuring, Public, Barnes & Thornburg LLP
    Authors:
    John T. Gregg , Patrick E. Mears
    Location:
    USA
    Firm:
    Barnes & Thornburg LLP
    Can Assigned Rents Be Excluded From a Debtor’s Estate? In Michigan, Absolutely
    2016-04-08

    The recent decision from the United States District Court for the Eastern District of Michigan, ECP Commercial II LLC v. Town Center Flats, LLC (In re Town Center Flats, LLC), gives us at the Weil Bankruptcy Blog a reason to revisit the issue of “absolute” assignments of rent.

    Filed under:
    USA, Michigan, Banking, Insolvency & Restructuring, Litigation, Real Estate, Weil Gotshal & Manges LLP, Debtor
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    District Court Reverses Bankruptcy Court Ruling that State Criminal Restitution is Dischargeable
    2016-03-11

    Bankruptcy is a process that permits people to discharge debts, but not all debts are dischargeable. In a recent opinion, the U.S. District Court for the Eastern District of Michigan (the “District Court”) reversed a U.S. Bankruptcy Court for the Eastern District of Michigan (the “Bankruptcy Court”) ruling that a state court criminal restitution claim is dischargeable.

    THE BACKGROUND FACTS

    Filed under:
    USA, Michigan, Insolvency & Restructuring, Litigation, Foster Swift Collins & Smith PC, United States bankruptcy court
    Authors:
    Laura J. Genovich
    Location:
    USA
    Firm:
    Foster Swift Collins & Smith PC

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