Legal Opinion
Town Center Flats, LLC v. ECP Commercial II LLC
Court of Appeals for the Sixth Circuit
Decided May 2, 2017No. 16-1812PublishedCited by 10 opinions
1Opinion of the Court
OPINION
JANE B. STRANCH, Circuit Judge.
This bankruptcy case centers on property rights in an assigned stream of rents. The extent of a debtor’s rights in those rents under Michigan law determines whether the rents are properly included in a Chapter 11 bankruptcy estate. The bankruptcy court decided that an assignment of rents creates a security interest, but does not change ownership, and held that an assignor continues to have a property interest in the rents. Accordingly, the bankruptcy court included the rents in the bankruptcy estate. The district court vacated the order of the bankruptcy…
2Cases cited19 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Butner v. United StatesSupreme Court of the United States · 1979
- United States v. Whiting Pools, Inc.Supreme Court of the United States · 1983
- Lewis v. Manufacturers National Bank of DetroitSupreme Court of the United States · 1961
- In Re N.S. Garrott & Sons and Eastern Arkansas Planting Company, a Joint Venture. N.S. Garrott & Sons, an Arkansas General Partnership, Eastern Arkansas Planting Company, an Arkansas General Partnership v. Union Planters National Bank of Memphis and Crittenden Abstract & Title Co., Inc. Chicago Title Insurance Company, Intervenor, in Re N.S. Garrott & Sons and Eastern Arkansas Planting Company, a Joint Venture. N.S. Garrott & Sons, an Arkansas General Partnership, Eastern Arkansas Planting Company, an Arkansas General Partnership v. Union Planters National Bank of Memphis, Crittenden Abstract & Title Co., Inc., Chicago Title Insurance Company, IntervenorCourt of Appeals for the Eighth Circuit · 1985
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3Cited by10 opinions
- In re Skymark Props. Ii, LLCUnited States Bankruptcy Court, E.D. Michigan · 2019
- Irons v. Maginnis (In re Irons)United States Bankruptcy Court, N.D. Ohio · 2017
- Timothy Miller v. Jason WylieCourt of Appeals for the Sixth Circuit · 2024
- CII Parent, Inc.United States Bankruptcy Court, D. Delaware · 2023
- Charles Hunter v. United StatesCourt of Appeals for the Sixth Circuit · 2019
5 more not listed; retrieve them via the Exa API.