Q: I am a state court receiver in a case that has been disrupted by a bankruptcy filing. The bankruptcy trustee has been threatening to sue me, in the bankruptcy court, for what she claims were negligent actions and to...more
2/13/2025
/ Appeals ,
Bankruptcy Code ,
Bankruptcy Court ,
Bankruptcy Trustees ,
Barton Doctrine ,
Court-Appointed Receivers ,
Fiduciary Duty ,
Jurisdiction ,
Negligence ,
Preferential Transfers ,
Receivership ,
Trustees ,
Trusts ,
Ultra Vires
Q:?I am a Chapter 7 bankruptcy trustee. One of the assets of the bankruptcy estate is a note, which is secured by an apartment building, owned by the debtor’s brother. The note is in default and I have learned there are...more
Question: I have been appointed receiver to collect a judgment. The judgment is on appeal. I am concerned that if the judgment is reversed my fees might be in jeopardy. Am I entitled to keep the fees I have been paid even if...more
Question: Unauthorized Transfers of Receivership Property: Void, Voidable or Ok?
Answer: In a recent unpublished bankruptcy appellate panel decision (In Re Domum Locis, LLC, 2015 WL 4697747 (9th Cir. BAP 2015)), the BAP...more
7/26/2016
/ Appeals ,
Bankruptcy Court ,
Chapter 11 ,
Consumer Bankruptcy ,
Deed of Trust ,
Limited Liability Company (LLC) ,
Receivership ,
Rental Income ,
Secured Debt ,
Transfer of Title ,
Transfers ,
Uniform Voidable Transactions Act (UVTA) ,
Void ab initio ,
Voidable