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IN RE TOWN CENTER FLATS, LLC

No. 16-1812.

855 F.3d 721 (2017)

IN RE: TOWN CENTER FLATS, LLC, Debtor. Town Center Flats, LLC, Appellant, v. ECP Commercial II LLC, Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 2, 2017.

Attorney(s) appearing for the Case

ARGUED: Robert N. Bassel , Clinton, Michigan, for Appellant. Jeremy S. Friedberg , LEITESS FRIEDBERG, P.C., Baltimore, Maryland, for Appellee. ON BRIEF: Robert N. Bassel , Clinton, Michigan, for Appellant. Jeremy S. Friedberg , LEITESS FRIEDBERG, P.C., Baltimore, Maryland, for Appellee.

Before: CLAY, GIBBONS, and STRANCH, Circuit Judges.

OPINION

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...

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