Search results
Order by most recent / most popular / relevance
Results: 1-10 of 20
Globalization’s further advance: business insolvency proceedings in other countries
- Barnes & Thornburg LLP
- -
- Canada, France, Germany, USA
- -
- September 10 2009
Everyday, most of us in the United States encounter evidence of relentless economic globalization
Sixth Circuit issues “final chapter” on electronic registration system’s role as foreclosing mortgagee in Michigan
- Barnes & Thornburg LLP
- -
- USA
- -
- July 5 2012
The Sixth Circuit Court of Appeals has affirmed a Michigan Supreme Court ruling that permits the Mortgage Electronic Registration System to foreclose mortgages particularly nonjudicial foreclosures in states that permit them even if it does not hold the underlying promissory note at the time of foreclosure
Bad news for debtors in single asset real estate Chapter 11 cases: the Buttermilk Towne Center decision prohibiting use of postpetition rents
- Barnes & Thornburg LLP
- -
- USA
- -
- February 7 2011
The Bankruptcy Appellate Panel for the Sixth Circuit Court of Appeals recently issued an opinion of importance in bankruptcy cases involving commercial real estate as the debtor's only asset, such as a shopping center or office building
Recording of mortgage discharge unnecessary in order for current mortgagee to maintain priority over lien of condominium association
- Barnes & Thornburg LLP
- -
- USA
- -
- March 31 2011
The Michigan Court of Appeals recently held that a lien asserted by a condominium association is subordinate to the previously filed mortgage of a mortgagee, notwithstanding the fact that a prior mortgage existed because of the failure to record a discharge
District court reverses and holds that “correct” name, not “legal” name, required on UCC-1 financing statement
- Barnes & Thornburg LLP
- -
- USA
- -
- October 31 2012
In a fairly controversial decision from January 2012, the United States Bankruptcy Court for the Central District of Illinois held that a financing statement must contain the “legal” name of an individual as it appears on the individual’s birth certificate
Finance, insolvency & restructuring alert - Michigan Court of Appeals confirms power of receiver to sell real property free and clear of redemption rights
- Barnes & Thornburg LLP
- -
- USA
- -
- November 16 2012
In a previous Alert that we published in July 2012 entitled “Michigan Court Authorizes Receiver Sale of Real Property Free and Clear of Redemption Rights,” we reported on a decision of a Michigan trial court in Ottawa County, Michigan permitting a state-court receiver to sell real property free and clear of a mortgagor’s redemption rights
Lender’s credit bid of entire debt at foreclosure sale results in forfeiture of rights to additional collateral
- Barnes & Thornburg LLP
- -
- USA
- -
- February 8 2013
The Sixth Circuit Court of Appeals recently affirmed the decisions of the courts below and held in an unpublished opinion that a secured lender's
Furher case law developments involving enforcement of guarantees
- Barnes & Thornburg LLP
- -
- USA
- -
- September 10 2009
If a guarantor, one of the owners of a borrower, executes and delivers a guaranty of payment of the borrower’s debts owed to a creditor in return for a promise by that creditor to consider extending additional financing to the borrower and principal obligor, will that guaranty later be enforceable under Michigan law if the creditor considered the requests of the borrower for further financing but nevertheless refused to extend it?
Judgment lien arising under Michigan act survives property sale but remains enforceable only against judgment debtor, not purchaser
- Barnes & Thornburg LLP
- -
- USA
- -
- November 29 2010
The Michigan Judgment Lien Act, MCL 600.2801, et seq. (the “MJLA”), grants judgment creditors with a lien on real property owned by judgment debtors, subject to certain restrictions
Illinois mortgages subject to avoidance in bankruptcy absent strict adherence to Illinois mortgage statute
- Barnes & Thornburg LLP
- -
- USA
- -
- April 20 2012
The United States Bankruptcy Court for the Central District of Illinois recently held that an Illinois mortgage is subject to avoidance in bankruptcy pursuant to 11 U.S.C. 544(a)(3) unless the mortgage contains among other things, (i) the amount of the debt, (ii) the maturity date of the debt, and (iii) the underlying interest rate. Richardson v. The Gifford State Bank (In re Crane), Adv. Pro. No. 11-9067 (Bankr. C.D. Ill
Current Search
- Workarea - Litigation
- Jurisdiction - USA
- Author - Patrick E. Mears
Suggested Facets
Author
- Deborah L. Thorne (1)
- John T. Gregg (18)
- John Watkins (1)
- Kenneth W. (Ken) Vermeulen (1)
- Michael Campbell (1)
- Michael K. McCrory (1)