The Impact of In re 301 W N. Ave., LLC on the Enforcement of Bankruptcy-Remote Protections

Executive Summary - The recent decision In re 301 W N. Ave., LLC, 666 B.R. 583 (Bankr. N.D. Ill. 2025) represents a significant development at the intersection of corporate governance, commercial real estate, and bankruptcy law. At the core of this case was the enforceability of provisions requiring the independent manager’s consent prior to the borrower filing for bankruptcy....
By: Cadwalader, Wickersham & Taft LLP

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