The Sixth Circuit Court of Appeals recently issued a decision on the Michigan assignment of rents statute and the impact and effect of a lender exercising its rights there under prior to the commencement of a bankruptcy petition. The holding is that a properly perfected assignment of rents enforced prior to the commencement of a bankruptcy excludes such rents from becoming property of the bankruptcy estate. This decision represents the first ruling by the Sixth Circuit Court of Appeals on this issue, and resolves a split amongst the Eastern District and Western District Bankruptcy Courts. The Debtor/Creditor Rights Committee of the Business Law Section of the State Bar of Michigan offered a presentation on this subject Aug. 9, at the offices of Jaffe, Raitt, Heuer & Weiss PC in Southfield. Speaking at “Assignment of Rents and Bankruptcy” were (left to right) Robert Bassel; Judith Greenstone Miller of Jaffe Raitt; Marc Swanson of Miller, Canfield, Paddock, and Stone PLC; Judge Walter Shapero; and Gregory DeMars.
– Photo by John Meiu
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