Peter Davidson

Peter Davidson

Ervin Cohen & Jessup LLP

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Can A Receiver Take Over Out-of-State Assets With A California Appointment Order?

QUESTION: I am a receiver for a partnership. While most of the partnership assets are in California, I have discovered the partnership owns a storage facility in Nevada and mining equipment in Arizona. Can I take over and...more

12/4/2014 - Business Assets Court-Appointed Receivers Foreign Jurisdictions Partnerships Receivership

Bankruptcy Bleak House—The Limited Ability of Bankruptcy Courts to Enter Final Judgments

In Stern V. Marshall, ____ U.S ___, 131 S. Ct. 2594 (2011), the Supreme Court held that bankruptcy courts cannot issue final judgments on state law counterclaims even though they are “core proceeding”. Stern V. Marshall is...more

10/16/2014 - Claim Preclusion Commercial Bankruptcy Final Judgment Fraud SCOTUS Stern v Marshall Tortious Interference

Stipulation Waiving the Final Accounting—Is it a Good Idea?

QUESTION: I have concluded my work as a receiver in a case, and the parties have requested that I enter into a stipulation with them waiving my final account and report discharging me as a receiver so they can avoid the cost...more

9/4/2014 - Receivership Stipulations

Is there a Statute of Limitations on the Term of a Lease a Receiver can Execute?

QUESTION: I am a receiver for a shopping center. I want to enter into a five year lease for one of the stores. Is there a statute or rule that limits the term of leases a receiver can execute?...more

8/21/2014 - Commercial Leases Commercial Real Estate Market Receivership Statute of Limitations

The Receiver is Thinking of Filing a Bankruptcy Petition for a Corporation in Receivership. As Counsel, if this Happens, are My...

QUESTION: I am counsel to a receiver for a corporation and things aren’t going too well. The receiver is thinking of filing a bankruptcy petition for the corporation. If this happens, are my fees in jeopardy?...more

8/7/2014 - Attorney's Fees Commercial Bankruptcy Receivership

Can a Receiver Retake Possession of the Property if a Bankruptcy is Dismissed?

QUESTION: I was appointed receiver for a business. Shortly after my appointment the owners put the business into bankruptcy and I turned over possession to the debtor. I was not discharged as receiver. I just learned that the...more

7/24/2014 - Commercial Bankruptcy Court-Appointed Receivers

Can Investor/Creditor Recoveries from Third Parties Reduce Their Claims in a Receivership?

QUESTION: I am an equity receiver and I am setting up a claims procedure. I know some creditors and investors have filed suit against third parties to recover their losses. Can I consider these possible third party recoveries...more

7/10/2014 - Court-Appointed Receivers Creditors Investors Receivership Third-Party

Can I Be Sued By a Creditor in Nevada as a Receiver Appointed by the Court in California?

QUESTION: I am a receiver appointed by a court in California in a contentious case. One of creditors has threatened to sue me in Nevada were he is located. How can this creditor sue me? I am a receiver appointed by the Court!...more

6/26/2014 - Commercial Bankruptcy Consumer Bankruptcy Court-Appointed Receivers Receivership

When Does the Statute of Limitations Start to Run on Avoidance Claims Brought by a Receiver?

QUESTION: I am a receiver. I filed a fraudulent transfer action against the mother of the defendant in the main case in which I was appointed. I only discovered six weeks ago that the defendant had transferred hundreds of...more

6/12/2014 - Fraud Receivership Statute of Limitations Transfers

Is a Receiver Disqualified if He or She is Related to a Party or a Judge?

QUESTION: My cousin, who is a lawyer, asked me to act as a receiver in a case where he represents the plaintiff. Is there some prohibition on my doing so? Am I ineligible to act as receiver because of our family relationship?...more

5/29/2014 - Eligibility Family Members Receiver's Fees Receivership

When a Receiver is Appointed Does this Prevent Former Officers & Directors from Filing a Bankruptcy Petition on Behalf of the...

QUESTION: I have noticed language in a number of receivership orders providing that the receivership entities’ officers and directors are removed and their powers are vested in the receiver and further enjoining the officers...more

5/15/2014 - Board of Directors CFTC Commercial Bankruptcy Corporate Governance Officers Receivership

In an Appealed Appointment, How Does a Receiver Get Paid if the Receivership is Terminated?

I have been appointed receiver in a case where the defendant appealed my appointment. If the appeal is successful, and the receivership is terminated, how do I get paid? ANSWER: As a general rule, fees and costs of a...more

5/2/2014 - Consumer Bankruptcy Court-Appointed Receivers Estate Claims Receiver's Fees Receivership

Can a Receiver Be Liable for Acts or Omissions that Occurred in a Case After Discharge?

The court has approved my final account and report, discharged me as receiver and exonerated my bond in a difficult, litigious case I am glad to have over. An elder receiver I know told me I could still be liable for acts or...more

4/17/2014 - Bonds Indemnification Receivership

Can an Appeal be Dismissed because the Appellant has Refused to Comply with Court Orders?

I have been appointed receiver in a case involving contentious litigation over a business. The defendant has appealed my order of appointment. The defendant has also repeatedly violated the injunction issued along with my...more

4/3/2014 - Appeals Contempt Court-Appointed Receivers Disentitlement Doctrine

Receiver as a Lien Creditor

QUESTION: Before the Commercial Code was amended a few years ago, it provided that a receiver becomes a lien creditor over personal property in the receivership estate and can avoid unperfected security interests in such...more

3/20/2014

Should Receivers Appear Only Through Counsel To Avoid Civil Liability?

QUESTION: Should receivers appear only through counsel to avoid civil liability? ANSWER: In Re Shattuck, 411 B.R. 378 (10th Cir. BAP 2009), which held that a receiver, who is not a lawyer, cannot appear in federal...more

3/6/2014 - Civil Liability Receivership

Can a State Court Receiver Appear in the Bankruptcy Court or the District Court on Behalf of the Receivership Estate?

I have been a receiver for quite some time and know how the system works. I have a case without much money currently in it. Instead of hiring counsel, can I file pleadings in the bankruptcy court or the district court, on...more

2/20/2014 - Consumer Bankruptcy Estate Planning Receivership

Appointing a Neutral Receiver

I just received notice that the lender to one of my clients is seeking to have a receiver appointed over my client’s shopping center. I think the proposed receiver is in the lender’s pocket and will not be neutral. The lender...more

2/6/2014 - Receivership

When I Am Appointed as Receiver is there Anyone in Particular I Need to Notify?

QUESTION: When I am appointed receiver is there anyone in particular that I need to notify? ANSWER: There are a number of statutes which require a receiver to notify certain agencies of the receiver’s appointment. In...more

1/23/2014 - IRS Receivership

As a Receiver, Do I Need an Order From the Court to Sue Someone?

My order of appointment states that I have the power to commence litigation. Do I need a separate order from the receivership court if I want to sue someone? A receiver’s “order of appointment,” along with any applicable...more

1/10/2014 - Receivership Trial Court Orders

Can a Receiver Be Assigned to a Referree by Stipulation, and Take Instruction from the Referee?

Can a receiver be assigned to a referee by stipulation, and take instruction from the referee? A receiver is an officer of the court, appointed by and directed by the court....more

12/19/2013 - Receivership Referees Stipulations

Can a Defendant Sue a Receiver’s Property Management Company, or Are They Protected from a Lawsuit Like a Receiver?

I hired a property management company to aid me in managing a receivership property. A defendant in the case has threatened to sue the management company for action taken at my request. Can the defendant sue the management...more

12/5/2013 - Infringement Judicial Immunity Property Management Companies Receivership Subject Matter Jurisdiction Trademarks

Can a Receiver for a Corporation Settle Litigation it is a Party to?

After a receiver is appointed to enforce a settlement, can the defendant, a California corporation, appeal the judgment and order appointing the receiver, or is the receiver the only party that has the right to appeal?...more

10/31/2013 - Receivership Settlement

Validity of Receiver’s Oath

QUESTION: The receiver in a case I am involved in was appointed six months ago. She initially did not file her oath. After repeated letters from me, she finally did so last month. The oath she filed is not sworn. Is the oath...more

10/17/2013 - Receivership

Must a Receiver Take an Oath of Office?

QUESTION: The receiver in a case I am involved in was appointed six months ago. She initially did not file her oath. After repeated letters from me, she finally did so last month. The oath she filed is not sworn. Is the...more

8/22/2013 - Receivership

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