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Assignments of Rent - - A Dangerous Intersection of State and Federal Law
  • Squire Patton Boggs
  • USA
  • June 5 2017

A recent decision by the Sixth Circuit Court of Appeals may have muddied the question of the impact of collateral rent assignments on a debtor’s

Ninth Circuit Limits Mortgagee to Value of the Property as Low Income Housing
  • Buchanan Ingersoll & Rooney PC
  • USA
  • June 1 2017

In First Southern National Bank v. Sunnyslope Housing Limited Partnership, No. 12-17241 (9th Cir. May 26, 2017), the Ninth Circuit Court of Appeals

Section 1111(b) Election Not Available When Collateral Is Sold Post Petition
  • Dechert LLP
  • USA
  • May 24 2017

Under section 1111(b) of the U.S. Bankruptcy Code, a non-recourse secured creditor that holds "a claim secured by a lien on property of the estate" is

New Wave of Lehman Litigation Appears to Be Imminent
  • Bilzin Sumberg Baena Price & Axelrod LLP
  • USA
  • May 23 2017

Thousands of mortgage lenders across the country either recently received, or will soon be receiving, this document from Lehman Brothers Holdings, Inc

Sixth Circuit Upholds Assignment of Rents to Secured Lender
  • Schulte Roth & Zabel LLP
  • USA
  • May 23 2017

“The debtor did not retain sufficient rights in the assigned rents under Michigan law for those rents to be included in the bankruptcy estate,”

MD Ala. Holds Servicer Did Not Violate Discharge By Sending Periodic Statements, NOI, Delinquency Notices, Hazard Insurance Notices
  • Maurice Wutscher LLP
  • USA
  • May 18 2017

The U.S. Bankruptcy Court for the Middle District of Alabama recently held that a mortgage servicer did not violate the discharge injunction in 11 U.S

Sixth Circuit Court of Appeals Holds Properly Perfected Assignment of Rents Not Property of Bankruptcy Estate
  • Foley & Lardner LLP
  • USA
  • May 16 2017

In a significant ruling impacting commercial real estate lenders in Michigan, the Sixth Circuit Court of Appeals has ruled that an absolute

9th Cir. Applies Anti-Deficiency Protections to Debtors’ Bankruptcy Estate Where Property of Estate is Sold in Non-Judicial Foreclosure
  • Maurice Wutscher LLP
  • USA
  • May 12 2017

The U.S. Court of Appeals for the Ninth Circuit recently affirmed the Bankruptcy Appellate Panel’s determination that a creditor’s pre-bankruptcy

Who Knew? An Absolute Assignment of Rents Can Be Absolute
  • Seyfarth Shaw LLP
  • USA
  • May 9 2017

If under state law perfection of an absolute assignment of rents is a transfer of property, then such rents could be excluded from property of a

11th Cir. Holds Post-Discharge Monthly Mortgage Statements Not Prohibited
  • Maurice Wutscher LLP
  • USA
  • May 8 2017

The U.S. Court of Appeals for the Eleventh Circuit recently affirmed the dismissal of a mortgage loan borrower’s federal Fair Debt Collection