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
When no statute specifically authorizes a court-appointed receiver to sell real property, what type of sale is it? The Supreme Court of Nevada recently addressed this question, holding that “a receiver sale of real property...more