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Receivership Lenders Commercial Bankruptcy

White and Williams LLP

Of Whiskey and Martha’s Vineyard Realty:  Federal Receivership Ordered for Fast Growing Uncle Nearest Brand

White and Williams LLP on

Companies facing financial difficulties often utilize Chapter 11 to help effectuate a restructuring or sale as part of a case filed in the United States Bankruptcy Court. In other instances, a company’s lender – impatient...more

Miller Nash LLP

Sales under the Oregon Receivership Code as an Alternative to Foreclosure

Miller Nash LLP on

Commercial loan documents typically include provisions granting a lender the right to obtain appointment of a receiver following a loan default. Historically, these provisions were most often used by lenders to put in place a...more

Miller Canfield

Receiverships Under Michigan's New Assignment of Rents Act

Miller Canfield on

The Michigan Uniform Assignment of Rents Act (“MUARA”), which takes effect on September 22, 2022, strengthens both the right to obtain a receiver and the power of the receiver to collect past due rent. The MUARA also confirms...more

Kaufman & Canoles

Commercial Real Estate Receiverships: The Closing of the Action and Miscellaneous Matters

Kaufman & Canoles on

The sale order should require that the receiver file an accounting of its activities as receiver within so many days of the sale of the property. Once that has been filed, the secured lenders counsel can file a motion to...more

McGlinchey Stafford

What Does UCRERA Mean For Creditors? [More with McGlinchey Ep. 13]

McGlinchey Stafford on

Nine states, including Florida, have passed the Uniform Commercial Real Estate Receivership Act, what’s called the UCRERA. Manuel Farach (Fort Lauderdale) and Marshall Grodner (Baton Rouge), Members in McGlinchey's Business...more

Parker Poe Adams & Bernstein LLP

A Brave New World for Lenders Under the North Carolina Commercial Receivership Act

2020. What a year! While many of us were expecting that an economic downturn was due after so many years of positive economic growth, none of us were expecting it to come in quite this fashion. But one positive change has...more

K&L Gates LLP

Distressed Solutions: The Ins and Outs of Receiverships

K&L Gates LLP on

Receiverships are an extraordinary remedy that can maximize the return to creditors by freezing assets and allowing a third party to conduct necessary litigation. John Gardner (Raleigh) and David Neu (Seattle) join host...more

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