In this article, published in The Bankruptcy Strategist, Loeb & Loeb partner William Hawkins examines the decision In re Soho 25 Retail, LLC, No. Adv. 11-1286-SHL, Bkr. 10-15114-SHL, 2011 WL 1333084 (Bankr. S.D.N.Y. Mar. 31, 2011). The holding in this important case supports the relatively new theory that New York law permits a mortgagor to transfer its entire interest in rents to a mortgagee upon executing the mortgage, such that the transfer will remain effective in the mortgagor’s eventual bankruptcy.

William Hawkins is a partner in the Bankruptcy, Restructuring and Creditors' Rights Group and is based in the New York office of Loeb & Loeb. He can be reached at or at 212.407.4126.

This article was published in the September 2011, Volume 28, Number 11 edition of The Bankruptcy Strategist. Permission for article reprint has been granted.