In a significant ruling impacting commercial real estate lenders in Michigan, the 6th Circuit Court of Appeals has ruled that an absolute assignment of rents that had been fully perfected (by demanding payment from tenants to...more
5/17/2017
/ Appeals ,
Assignments ,
Change in Ownership ,
Chapter 11 ,
Collateral ,
Commercial Bankruptcy ,
Commercial Real Estate Market ,
Debtors ,
Default ,
Judicial Foreclosure Process ,
Lenders ,
Public Policy ,
Rent ,
Reorganizations ,
Transfer of Rights ,
Vacated
Vendors — take note! The Delaware bankruptcy court in In re Reichhold Holdings US Inc. recently issued an important ruling for vendors asserting reclamation rights.
Under section 546(c) of the Bankruptcy Code, a vendor...more
On May 16, 2016 the United States Supreme Court issued an opinion regarding the meaning of “actual fraud” under the Bankruptcy Code. Husky Int’l Electronics, Inc. v. Ritz represents a win for creditors by making it easier to...more
On March 4, 2014, the United States Supreme Court issued its decision in Law v. Siegel, 571 U.S. __ (Mar. 4, 2014) and held that the bankruptcy court exceeded its authority under section 105(a) of the Bankruptcy Code and its...more