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22 Oct 2020, 10:58 am by Austin T. Hamilton, Esq.
The appointment of a receiver can be a powerful remedy for lenders/servicers because the receiver has the power to, inter alia, manage the property to preserve the collateral, assume or reject executory contracts of the estate (during the receivership), settle claims with the approval of the court, and sell property free and clear of existing liens. [read post]
22 Oct 2020, 10:58 am by Austin T. Hamilton, Esq.
The appointment of a receiver can be a powerful remedy for lenders/servicers because the receiver has the power to, inter alia, manage the property to preserve the collateral, assume or reject executory contracts of the estate (during the receivership), settle claims with the approval of the court, and sell property free and clear of existing liens. [read post]
9 Oct 2020, 12:49 pm by Andrew Hamm
New Brunswick Southern Railway Co. 20-310Issue: Whether the “six months rule” — which grants a special priority to certain unsecured claims of creditors that provided goods or services necessary to a railroad’s operation, in reliance on payment out of the railroad’s current income, in the six months before the receivership — entitles unsecured claims for necessary operating expenses incurred by a railroad in the six months before bankruptcy to priority of… [read post]
7 Oct 2020, 1:09 pm by Astarita
Timmons has been named Chief of the newly-formed Office of Bankruptcy, Collections, Distributions, and Receiverships in the Division of Enforcement. [read post]
“Owners in all hotel sectors are talking to their lenders,” said Maisnik, explaining that lenders are refraining from receiverships and foreclosures, as the capital to buy foreclosed properties hasn’t come forward. [read post]
14 Sep 2020, 3:44 am by Peter Mahler
They include a Massachusetts decision in which a member left to compete against his own LLC; a Maryland case deciding whether a request for receivership triggers buy-out rights; a Mississippi decision allowing a dissolution complaint to go forward based on an alleged “lowball” buy-out offer; a District of Columbia ruling in a dispute following the death of a 50% LLC member; and a Nebraska decision in a contested fair value appraisal case. [read post]
31 Aug 2020, 9:43 am by zamansky
Receivership – In some cases, the SEC may ask the court to appoint a receiver to protect funds held by an entity or individual that is under investigation. [read post]
19 Aug 2020, 10:08 am by Law Lady
Receiverships -- Ex parte -- Mortgage foreclosure -- Error to appoint receiver for property involved in mortgage foreclosure action without providing notice and opportunity to be heard where mortgagee failed to establish that ex parte receivership was necessary to avoid immediate irreparable harm to mortgaged property or that giving notice and holding a hearing would accelerate or precipitate any injury -- Although loan documents contained provision for appointment of receiver as… [read post]
18 Aug 2020, 5:44 am by Silver Law Group
Par Funding Placed Into Receivership A judge in Florida granted the SEC’s motion to appoint a receiver, which froze the bank accounts of CBSG. [read post]
11 Aug 2020, 10:02 am by Alan Z. Rozenshtein
Nor is it clear why the NRA could not go into receivership or supervision by either the attorney general or the courts while it gets its act together. [read post]
7 Aug 2020, 6:20 am by C. Ryan Maloney, Esq.
In addition, the Act requires that the receiver file a final report with the court upon completion of the receiver’s duties, which must include: A description of the activities of the receiver in the conduct of the receivership; A list of receivership property at the commencement of the receivership and any receivership property received during the receivership; A list of disbursements, including payments to professionals engaged by the receiver; A… [read post]
7 Aug 2020, 6:20 am by C. Ryan Maloney, Esq.
In addition, the Act requires that the receiver file a final report with the court upon completion of the receiver’s duties, which must include: A description of the activities of the receiver in the conduct of the receivership; A list of receivership property at the commencement of the receivership and any receivership property received during the receivership; A list of disbursements, including payments to professionals engaged by the receiver; A… [read post]
23 Jul 2020, 10:45 am by Andrew Hamm
Janvey 19-1402Issue: Whether a district court in a receivership action has Article III jurisdiction to bar investor claims for individual injuries when the receiver lacks standing to bring those claims himself due to the lack of an injury to the receivership estate. [read post]
New Protections for Receiverships The new protections for receiverships focus on several areas, including the the use or transfer of property outside the ordinary course of business. [read post]
21 Jul 2020, 4:33 pm by Lax & Neville LLP
The receiver is empowered to pursue actions on behalf of the receivership estate to recover assets for the benefit of defrauded investors, victims, and creditors. [read post]
And click here for the latest blog articles on loan modifications, workouts, bankruptcies and receiverships, and here for The Lenders Handbook for Troubled Hotels. [read post]
13 Jul 2020, 10:43 am by Geoff Schweller
  The Aequitas entities, which are in receivership, must pay $453,000,000 in disgorgement with $87,048,072 prejudgment interest to be deemed satisfied by the amounts collected by the receiver. [read post]
24 Jun 2020, 6:12 am by Dan Harris
Every day for the last week I have gotten at least one email from a foreign companies that paid money to a company in China and got literally nothing in return. [read post]