U.S. Bank National Assoc. v. Randhurst Crossing LLC

Foreclosure of Defendant’s mortgage on commercial property. During foreclosure proceedings, prior to appointment of a receiver, Defendant filed for Chapter 11 bankruptcy in federal court, which stayed foreclosure proceedings. After automatic stay was lifted in bankruptcy action, receiver was appointed in foreclosure proceedings, and court ordered all rents paid during bankruptcy to be turned over to receiver.Order entered by bankruptcy court is sufficient to show that Plaintiff obtained constructive possession over rents as of date of order. Court did not err in ordering turnover of prereceivership rents to receiver, and ultimately to Plaintiff. Court did not abuse its discretion in awarding Plaintiff attorney fees as provided by loan documents. (BURKE and McBRIDE, concurring.)