News & Analysis as of

Debtors Court-Appointed Receivers

Cadwalader, Wickersham & Taft LLP

Rates Stay Steady, Markets Are Steaming— Hot Fun in the Summertime, July 2025 - Integrated Amplifier: No-Appointment of a Receiver...

In a recent decision in New York County Supreme Court, the Court granted the plaintiff lender’s pre-summary judgment motion to appoint a receiver in a mortgage foreclosure action, even though the defendants (borrower)...more

Ervin Cohen & Jessup LLP

The Exception to the Barton Doctrine Contained in 28 U.S.C. §959(a) Does Not Apply to State Court Receivers

Q: I am a state court receiver for an LLC that owns a number of apartment buildings, which I am now managing. I have been sued by some tenants and a tenant group. They have not obtained receivership court permission to sue...more

Holland & Knight LLP

Making Lemonade from Lemons: A Mortgage Lender's Guide to Successful Loan Workouts, Part 2

Holland & Knight LLP on

If you are a mortgage lender who followed the recommendations in the first article in this series, then you should have a solid grasp of your mortgage portfolio. You have identified the relevant players and their respective...more

J.S. Held

Examining the Uniform Commercial Real Estate Receivership Act in Shaping Arizona’s Real Estate Receiverships

J.S. Held on

Historically, Arizona courts have granted receivers certain powers and duties related to commercial real estate and certain residential property in accordance with A.R.S. § 12-1241,1 and A.R.S. § 12-1242.2 For example,...more

Ervin Cohen & Jessup LLP

Getting A Receiver In Aid Of Execution Just Got A Lot Harder

Q: I have a large judgment against a wiley debtor. While I was able to execute on some of his bank accounts, the road to his other assets, which I know he owns or controls, has gone cold....more

Smith Debnam Narron Drake Saintsing & Myers,...

Creditors See NC Appeals Court Ruling as Possible Game-Changer

As too many plaintiffs know, getting a judgment is often only the beginning of the process. It can sometimes take longer and require far more effort to collect on the judgment than it does to get a judge to enter it. Often,...more

Ervin Cohen & Jessup LLP

In a Ponzi Scheme Are Referral and Broker Fees Recoverable?

Q: I am a receiver in a Ponzi scheme case. While I know I can sue to recover excess payments made to investors in the scheme, the false profit they were paid, per Donell v. Kowell, 533 F3d 762 (9th Cir. 2008), in my case...more

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