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Receivership Court-Appointed Receivers

Kilpatrick

The New Illinois Receivership Act

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Effective January 1, 2026, the new Illinois Receivership Act will come effective to provide litigators in Illinois with expanded tools for creditors and distressed businesses to protect and manage assets during a business...more

Ervin Cohen & Jessup LLP

Receiver Selling Property Outside The Jurisdiction Of The Receivership Court

Q: I am a California state court receiver in a family law case. The divorcing couple owns property in Virginia and Michigan. I know, generally, that in order for me to sell the property I would have to be appointed ancillary...more

BCLP

HK Court Grants Worldwide Mareva and Appoints Interim Receivers in Aid of Enforcing Arbitral Awards

BCLP on

In 周惠明 v 挪信新能源科技 ( 南通 ) 有限公司 [2025] HKCFI 1503h, the Hong Kong Court of First Instance ordered (a) that worldwide Mareva injunctions be continued, and (b) that interim receivers be appointed over the assets of the respondent...more

Ervin Cohen & Jessup LLP

Using Cal. Civ. Pro. §564(b)(9) To Get A Receiver Appointed

Q: I am involved in pending litigation and would like to get a receiver appointed. The facts of the case, however, don’t exactly fit into the types of cases enumerated in Cal. Civ. Pro. Code §564(b). Is there some other bases...more

Winstead PC

Court Affirms A Trial Court’s Order Granting A Receiver’s Request To Sell Real Property

Winstead PC on

In Estate of Richards, a probate court entered an order appointing a receiver of estate property. No. 11-23-00031-CV, 2024 Tex. App. LEXIS 8626 (Tex. App.—Eastland December 12, 2024, no pet. history)....more

Ervin Cohen & Jessup LLP

The Ultra Vires Exception to the Barton Doctrine is Very Narrow

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

Ervin Cohen & Jessup LLP

Can the IRS Obtain a Receiver to Help Collect Taxes Owed?

Q: I have a client who owes money to the IRS. While I know the IRS likely has a tax lien, my understanding was it just waits until a taxpayer’s property is sold and then gets paid out of escrow. Instead, here, the IRS has...more

Balch & Bingham LLP

Alabama Enacts Uniform Commercial Receivership Act

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On May 15, 2024, Alabama became the thirteenth state to adopt a version of the Uniform Law Commission’s Uniform Commercial Real Estate Receiver Act (the “Act”). The Act seeks to bring more direction and clarity to...more

Cadwalader, Wickersham & Taft LLP

Ex Parte Appointment of a Receiver Confirmed

The New York County Supreme Court recently held that in the event of foreclosure, a receiver can be appointed, regardless of necessity, when the parties have contracted for such appointment. 24 West 57 APF LLC (“Defendant”)...more

Conyers

How to Fail at Service Out: Misleaders Beware Jurisdiction Challenge – BVI Court Sets Aside Ex Parte Service Out Order in US$230...

Conyers on

In a recent judgment, which was heavily critical of the claimant bank, the BVI Commercial Court has set aside an order obtained ex parte permitting service on non-BVI resident defendants of a fraud claim out of the...more

Conyers

Receivership Order for Cayman Islands Segregated Portfolio Fund Secured in 3 Months

Conyers on

Feb 2024 On 12 January 2024, the Honourable Mr Justice Kawaley granted an order for the appointment of receivers pursuant to Section 224 of the Companies Act (2023 Revision) (the “Act”), over the Premier Life Settlement Fund...more

Ervin Cohen & Jessup LLP

How To Handle the Cost of Producing Records From a Closed Receivership

Q: I was involved in a now closed receivership. I want access to some of the records of the entity that was in receivership and some emails and information I believe was sent to the receiver or her counsel....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

Winstead PC

Court Affirms Receivership In Trust Case Based Solely On An Alleged Failure To Disclose And Did Not Require Traditional Equitable...

Winstead PC on

In Moody Nat’l Bank v. Moody, a beneficiary sued a trustee regarding several allegations of breach of fiduciary duty. No. 14-21-00096-CV, 2022 Tex. App. LEXIS 7844 (Tex. App.—Houston [14th Dist.] October 25, 2022, pet....more

Ervin Cohen & Jessup LLP

Can a Receivership Court Bar Third Party Claims?

Q: I am a receiver for a corporation, in a case arising out of fraud allegations. I have asserted claims against various insiders. They are willing to settle with me for a significant sum, but only if the court bars...more

Ervin Cohen & Jessup LLP

Is a Receiver Entitled to Interest on the Receiver’s Awarded, but Unpaid, Fees?

Q: In a receivership I just wrapped up, the court approved by final account and report and awarded me final fees. Because there were insufficient funds in estate to pay my fees in full, the court ordered the defendant to pay...more

Goodwin

Sixth Circuit Does Not Permit Third-Party Releases in Equity Receiverships

Goodwin on

The Sixth Circuit’s recent decision in Digital Media Solutions v. South Univ. of Ohio, 59 F.4th 772 (6th Cir. 2023) provides a cautionary tale about the limitations of federal equity receiverships as a restructuring tool. It...more

Ervin Cohen & Jessup LLP

Can a Receivership Court Stay Pending Lawsuits?

Q: I was appointed state court receiver over a corporation. There are a number of pending lawsuits against the corporation. At the current time, there are few liquid assets and I would rather not use them to defend the...more

Harris Beach Murtha PLLC

Connecticut’s New Receivership Law to Bring Greater Certainty and Transparency to Administration of Distressed Real Estate

During the 2021 Legislative Session, Connecticut adopted a new receivership law based on the Uniform Commercial Real Estate Receivership Act (“UCRERA”) which became effective on July 1, 2023. The UCRERA was drafted by the...more

Ervin Cohen & Jessup LLP

Can a Receiver Be Liable for Failure to Turnover Property When a Bankruptcy Is Filed?

Q: I was appointed receiver for some major assets owned by a corporation. I just learned the corporation has filed bankruptcy. I know I have to eventually turnover the assets I have. Can I wait to see if the bankruptcy sticks...more

J.S. Held

The Distressed Cannabis Business: An Alternative to Bankruptcy

J.S. Held on

Bankruptcy is Not an Option - Bankruptcy can be a very helpful tool for a distressed business. Bankruptcy allows a business to stop collection actions, discharge certain debts, cancel unfavorable contracts, and provides...more

Ervin Cohen & Jessup LLP

When Should A Receivership Be Terminated?

Q: I was appointed a receiver to collect a judgment. I have not yet filed my final account and report, the court has not approved my final fees. Other creditors of the judgment debtor are demanding that I pay them, because...more

Ervin Cohen & Jessup LLP

Must A Receiver File An Inventory?

Q: A few months ago I was appointed receiver over an operating business. A party is complaining that I have not filed an inventory of the assets of the business. My order of appointment says nothing about my having to file an...more

Ervin Cohen & Jessup LLP

Does A Receiver Have To Comply With A Subpoena?

Ervin Cohen & Jessup LLP on

Q: I am a receiver in a partnership dispute case. I have been served with a subpoena issued from a case outside the receivership case, seeking partnership records and emails to and from a defendant in that case. Neither the...more

Ervin Cohen & Jessup LLP

What Duties Do Receivers Have To Provide Creditors?

Q: I am a creditor of an entity that is now in receivership. I have contacted the receiver, and her attorney, a number of times requesting information about what is going on, especially the proposed sale of the entity’s...more

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