Courts overseeing receivers generally enjoy broad discretion in directing and approving a receiver’s proposed actions. But does that authority extend to a receiver not only granting a super-priority lien ahead of existing...more
Nevada and Oregon join Utah in adopting the Uniform Commercial Real Estate Receivership Act (the “Act”) promulgated by the Uniform Law Commission...more
Pitting a receivership court’s inherent equitable powers against pre-existing property rights can lead to some pretty interesting questions. In SEC v. Wells Fargo Bank, N.A., 848 F.3d 1339, 1343-44 (11th Cir. 2017), the...more
9/25/2017
/ Appeals ,
Creditors ,
Equitable Relief ,
Late Claims ,
Lienholders ,
Perfected Security Interest ,
Proof of Claims ,
Receivership ,
Reversal ,
Secured Debt ,
Securities and Exchange Commission (SEC) ,
Wells Fargo
As we previously reported here, several years ago the Uniform Law Commission (the “ULC”) (the organization that drafted such favorites as the Uniform Commercial Code and the Uniform Arbitration Act) determined that states...more
On March 31, 2015, the Arizona Court of Appeals held in AEA Federal Credit Union v. Yuma Funding, Inc., that it lacked jurisdiction to hear an appeal from an order declining to set aside an order appointing or releasing a...more
If all goes as planned, the Uniform Law Commission will finalize and promulgate a model act dealing with the appointment and powers of commercial real estate receivers at some point in 2015. Last month, the Drafting...more
Recently, the Arizona Court of Appeals determined that under the 2010 Arizona Revised Uniform Arbitration Act, A.R.S. §12-3001, et seq. (the AZ-RUAA), a contractual agreement to arbitrate extends to: (i) arbitration of claims...more
1/18/2013
/ Appeals ,
Arbitration Agreements ,
Arbitrators ,
Breach of Contract ,
Construction Contracts ,
Dissolution ,
Fiduciary Duty ,
Fraud ,
Limited Liability Company (LLC) ,
Negligent Misrepresentation ,
Non-Parties ,
Partnerships ,
Receivership ,
Revised Uniform Arbitration Act ,
Unjust Enrichment