Tag Archives: cash collateral

Cash Collateral: What Does It Take to Address the Risk That Once Cash Is Used It Is Just Gone?

Posted on February 5, 2020 by BankruptcyRealEstateInsights

In re Tevoortwis Dairy, LLC, 605 B.R. 833 (E.D. Mich. 2019) – A Chapter 11 debtor filed a motion to use cash collateral. The key question was whether there was adequate protection of the lender’s interest in the cash collateral.

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PACA Claims: Watch Out or the Tail Will Wag the Dog

Posted on April 24, 2018 by BankruptcyRealEstateInsights

In re Cherry Growers, Inc., 576 B.R.. 569 (Bankr. W.D. Mich. 2017) – A chapter 11 debtor that purchased agricultural produce but also earned income from non-Perishable Agricultural Act (PACA) sources sought court authorization to use cash collateral. A PACA claimant … Continue reading →

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Assignment of Rents: Who Has What Interests?

Posted on January 10, 2018 by BankruptcyRealEstateInsights

Town Center Flats, LLC v. ECP Commercial II LLC (In re Town Center Flats, LLC), 855 F.3d 721 (6th Cir. 2017) – A commercial mortgagee exercised its assignment of rents prior to bankruptcy. After it then commenced a foreclosure action, the … Continue reading →

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Rents: The Battle Over Use of Rents to Pay Professionals

Posted on March 22, 2016 by BankruptcyRealEstateInsights

Wolf v. Firstmerit Bank, N.A. (In re Wolf), 535 B.R. 772 (N.D. Ill. 2015) – Chapter 11 debtors filed a motion to allow them to use rents to pay their professional fees over the objection of a bank that held … Continue reading →

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Sale Proceeds: Better Get the Carve-Out Right the First Time

Posted on December 2, 2014 by BankruptcyRealEstateInsights

In re Stacy’s, Inc., 508 B.R. 370 (Bankr. D. S.C. 2014) – A debtor sold substantially all of its assets after negotiating with its primary secured creditor for carve-outs from the sale proceeds for administrative priority and general unsecured claims.  When … Continue reading →

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Rents in Bankruptcy: Grab While You Can and You May Hold A Winning Hand

Posted on May 27, 2014 by BankruptcyRealEstateInsights

In re Madison Heights Group, LLC, 506 B.R. 728 (Bankr. E.D. Mich. 2013) – A mortgagee exercised its assignment of rents prior to bankruptcy. After a Chapter 11 case was filed, the debtor sought court authority to use rents from the … Continue reading →

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