Assignment of rents: the creditor's uncertain path to obtaining rents generated from the debtor's property in bankruptcy
Article Abstract:
State laws for assignment of rents under bankruptcy should be reformed. Three types of assignment exist: absolute, absolute conditional upon default and for security. When the Bankruptcy Code intersects state laws on mortgages the rights of assignment can change, and recent court decisions give no security to creditors or lenders. Reforms could be either automatic perfections of interest by registration or retroactive force.
Publication Name: Bankruptcy Developments Journal
Subject: Law
ISSN: 0890-7862
Year: 1992
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Single-asset real estate cases and the good faith requirement: why reluctance to ask whether a case belongs in bankruptcy may lead to the incorrect result
Article Abstract:
Real estate bankruptcy cases can be improperly dismissed if courts only consider whether or not filings are done in good faith. Sometimes a good faith filing does not meet Chapter 11 requirements but goes through, while at other times a bad faith filing actually does meet Chapter 11 requirements. While courts have usually dismissed most single asset cases correctly, a legislative test should require Chapter 11 inquiries.
Publication Name: Bankruptcy Developments Journal
Subject: Law
ISSN: 0890-7862
Year: 1992
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"Insured vs. insured" exclusions in director and officer liability insurance policies: is coverage available when Chapter 11 trustees and debtors-in-possession sue former directors and officers?
Article Abstract:
Officers and directors of companies in Chapter 11 bankruptcy should be covered by insurance policies against suits by shareholders, trustees and creditors. 'Insured vs insured' exclusions were meant to prevent collusion between trustees and officers but this risk is minimal. The current situation is inequitable both for creditors and debtors.
Publication Name: Bankruptcy Developments Journal
Subject: Law
ISSN: 0890-7862
Year: 1992
User Contributions:
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- Abstracts: The use of delaying tactics to obtain submarine patents and amend around a patent that a competitor has designed around
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