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Receivership Creditors Bankruptcy Code

Troutman Pepper Locke

What Is a Receivership and How Does It Differ From Bankruptcy?

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A receivership is an equitable remedy in which an independent third party is appointed by a court to manage and preserve a company’s assets. Though bankruptcy and receiverships are similar, there are significant differences...more

ArentFox Schiff

Navigating the Increased Prevalence of Massachusetts Skilled Nursing Facility Receiverships

ArentFox Schiff on

This past year, in the wake of significant economic challenges facing the health care industry, an unprecedented number of receiverships were imposed upon skilled nursing facilities in Massachusetts. Historically,...more

Lathrop GPM

Building Nonprofit Resilience: Dealing with Financial Distress

Lathrop GPM on

In this multi-part series, we highlight strategic steps that nonprofits can take to build organizational resilience in three different phases of its life cycle—in times of health, when beginning to experience financial or...more

Harris Beach Murtha PLLC

Cannabis-Related Companies Alternatives to Bankruptcy

The federal bankruptcy courts are largely inaccessible to companies that operate in the cannabis space¹. While cannabis companies cannot wholly avoid pending lawsuits, or the ability to restructure or maximize value through a...more

Foley & Lardner LLP

Wisconsin Court of Appeals Enforces Knowledge Requirement for Preference Claims

Foley & Lardner LLP on

Wisconsin’s Chapter 128 has long been something of a “wild west” of insolvency proceedings. Modeled on the provisions of the federal Bankruptcy Act of 1898, the statute empowers a circuit court to appoint a receiver to...more

Perkins Coie

Third Circuit Decides Goods Are “Received” Upon Physical Possession in Bankruptcy Case

Perkins Coie on

Many creditors that provide goods to a debtor before a bankruptcy case begins believe that their recovery will be mere cents on the dollar. While prepetition claims often receive small, if any, distributions, Section...more

Ervin Cohen & Jessup LLP

In an operating receivership, do creditors need to be served with motions?

Question: In an operating receivership , do creditors need to be served motions? Answer: The answer is “no” if the receivership is in state court; the answer is “maybe” if the receivership is in federal court....more

Ervin Cohen & Jessup LLP

How does a creditor obtain relief from a receivership stay order?

QUESTION: I am a receiver in a case where the court issued an injunction staying all litigation and creditor action against the entity and assets in receivership. A secured creditor wants to foreclose on one of the estate’s...more

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