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Disagreement over Absolute Assignments of Rents Reappears

Reviewing the impact under New York law of what appeared to be absolute assignments of rents, and whether Chapter 11 debtors can spend property rents to support their reorganization efforts despite such assignments.

28 minute read August 29, 2012 at 09:45 AM
By
Paul Rubin and Adam D. Wolper
Disagreement over Absolute Assignments of Rents Reappears

During the real estate downturn of the early 1990s, courts in the Southern and Eastern Districts of New York disagreed over the impact under New York law of what appeared to be absolute assignments of rents, and whether Chapter 11 debtors could spend property rents to support their reorganization efforts despite such assignments.

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