Account

Sign in to access your account and subscription

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.

This premium content is locked for The Bankruptcy Strategist subscribers only

ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN The Bankruptcy Strategist

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

Already have an account? Sign In Now

For enterprise-wide or corporate access, please contact Customer Service at [email protected] or call 1-877-256-2473.

NOT FOR REPRINT

© 2026 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.

Continue Reading

Notice of Pendency Provided Constructive Notice to Foreclosure Sale Purchaser

September 01, 2026

Zoning Board Properly Construed OrdinanceNeighbors’ Open Meetings Law Challenge to Lease to Wireless Character Was UntimelyPlanning Board Not Bound to Consider Approval’s Impact on Easement or Covenant

September 01, 2026

Tax Escalation Clause Does Not Entitle Landlord to Collect Additional Rent On Taxes Landlord Did Not PayGood Guy Guaranty Does Not Cover Obligations Accruing After SurrenderStipulation In Prior Proceeding Did Not Bar Use and Occupancy ClaimFlooding Was Outside the Scope of Landlord’s Responsibility

September 01, 2026