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Appointment of Receiver Under State Law No Assurance Receiver Will Stay If Ch. 11 Filed

Many clients are not aware that the Bankruptcy Code provides that, upon the filing of a bankruptcy case, the receiver is required to give back possession of the mortgaged property to the debtor unless the lender obtains an order from the Bankruptcy Court excusing the receiver from this requirement.

11 minute read November 01, 2023 at 12:05 AM
By
Andrew C. Kassner and Joseph N. Argentina Jr.
Appointment of Receiver Under State Law No Assurance Receiver Will Stay If Ch. 11 Filed

No sector is receiving more press about the impact of the rapid rise in interest rates than the commercial real estate industry.

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