Peter Davidson

Peter Davidson

Ervin Cohen & Jessup LLP

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Fore Warned: Fifth Circuit Sticks to its Guns

A prior prior Ask the Receiver® discussed the Fifth Circuit case Janvey v. The Golf Channel, Inc., 780 F. 3d 641 (5th Cir. 2015) (“Golf Channel I”). There the court found The Golf Channel liable to return $6,000,000 paid to...more

3/14/2017 - Advertising Bankruptcy Code Fraudulent Transfers Stanford Ponzi Scheme The Golf Channel TX Supreme Court

Do Settlement Agreements Need to Be Approved by the Court?

QUESTION: As receiver, I sued a third party to collect funds owed to the entity in receivership. I have settled the lawsuit. ...more

1/10/2017 - Cal Code of Civil Procedure Court Approval Court-Appointed Receivers Debt Collection Settlement Agreements

Receiver to Enforce a Judgement: Who Should be Served

QUESTION: I have been appointed receiver to enforce a judgment. I filed a motion in the case which I served on counsel for the plaintiff (the judgment creditor) and counsel for the defendant (the judgment debtor)....more

12/15/2016 - Civil Code Judgment Debtors Receivership Service of Process

How Do I Distribute Funds When One Of The Parties Provides A Social Security Number That Is Not His?

QUESTION: I am getting ready to close my receivership and distribute the funds in the estate to the two parties. I have just learned that the Social Security number one of the parties gave me is not his. What should I do?...more

11/22/2016 - Court-Appointed Receivers Receivership

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

11/8/2016 - Bankruptcy Code Foreclosure Motion for Relief from Automatic Stay Order to Stay Receivership Secured Creditors

If a receiver discovers possible criminal wrongdoing, are they required to report it to authorities?

QUESTION: If I discover possible criminal wrongdoing, am I, as receiver, required to report it to authorities? ANSWER: The answer depends on whether you are a federal receiver or state court receiver....more

11/4/2016 - Commercial Bankruptcy Consumer Bankruptcy Court-Appointed Receivers Receivership

Unauthorized Transfers of Receivership Property: Void, Voidable or Ok?

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

What Can Be Done With Returned or Uncashed Distribution Checks?

Question: I have seen various instances where receivers have requested that funds from returned or uncashed checks from a distribution be redistributed to other claimants or used to pay administrative fees or costs. Is this...more

7/13/2016 - Cal Code of Civil Procedure Escheat Penalties Receivership Treasury Unclaimed Property

Do You Need a Confirmation Hearing When a Receiver is Appointed Ex Parte?

Question: Do you need a confirmation hearing when a receiver is appointed ex parte and are there any exceptions? Answer: Yes and no. In early practice in California, the appointment of a receiver on an ex parte basis was...more

6/29/2016 - Confirmation Proceedings Court-Appointed Receivers Creditors Ex Parte Local Rules Order to Show Cause

Changes in California’s Fraudulent Transfer Law

QUESTION: I heard California’s fraudulent transfer law is being changed. How will the changes affect my ability to pursue fraudulent transfers as a receiver? ANSWER: Earlier this year the California legislature, based on...more

1/13/2016 - Amended Legislation Choice-of-Law Debtors Fraudulent Transfers Preponderance of the Evidence Receivership Uniform Law Commission

Are Orders Approving a Receiver’s Sale Appealable in State Court?

QUESTION: The last Ask the Receiver article discussed whether, in federal court, an order approving a receiver’s sale of assets is appealable. While the discussion was interesting, it was not too helpful to me because I am a...more

12/16/2015 - Appeals Interlocutory Orders Mootness Receiver's Fees Receivership Sale of Assets

Can The Defendant Set Aside A Sale Of Receivership Assets To A Buyer?

QUESTION: I purchased assets from a receiver. The court approved the sale over the objection of one of the defendants. The sale has now closed. I was just informed that the defendant is appealing the order approving the sale....more

12/4/2015 - Buyers Court-Appointed Receivers Interlocutory Appeals Sale of Assets Set-Asides

Can A Receiver Be Appointed To Take Possession And Safeguard Transferred Property Pending Trial Of A Fraudulent Transfer Action?

QUESTION: I know receivers often bring actions to set aside fraudulent transfers and recover the property transferred, but can a receiver be appointed in a fraudulent transfer lawsuit to take possession of and safeguard...more

11/18/2015 - Court-Appointed Receivers Creditors Fraudulent Transfers Injunctive Relief Money Judgment

Can a Magistrate Appoint a Receiver?

QUESTION: Can a magistrate appoint a receiver? ANSWER: While an arbitrator cannot appoint a receiver, Marsh v. Williams, 23 Cal. App 4th 238 (1994), a magistrate can....more

8/5/2015 - Arbitrators Commercial Bankruptcy Court-Appointed Receivers Evidentiary Hearings Judges

Fore! Ponzi Scheme Lands The Golf Channel In The Rough

Receivers handling Ponzi schemes and fraud cases are familiar with the concept of suing the “winners” in the scheme to recover transfers made to them in excess of their investment. Such suits are based on the theory that the...more

6/4/2015 - Advertising Court-Appointed Receivers Equivalency Determinations Fraud Fraudulent Transfers Good Faith Ponzi Scheme Stanford Ponzi Scheme The Golf Channel

Receiver’s Sales Are Not Immediately Appealable In Federal Court

QUESTION: I purchased assets from a receiver. The court approved the sale over the objection of one of the defendants. The sale has now closed. I was just informed that the defendant is appealing the order approving the sale....more

4/16/2015 - Appeals Court-Appointed Receivers Interlocutory Orders Jurisdiction Property Tax Receivership Tax Assessment

Can a Receiver Reject a Lease like a Bankruptcy Trustee?

QUESTION: I am a receiver for an operating entity. It has three offices. The rent for one of the offices is excessive and the business does not need all the space. I have approached the landlord about giving back some of the...more

3/12/2015 - Bankruptcy Code Commercial Leases Receivership

Can a Receiver’s Appointment Be Declared Void by Another Court?

QUESTION: I am a receiver appointed pursuant to stipulation in an action pending in superior court between a husband and a wife over the operation of a business they own. After operating the business for many months, I agreed...more

2/26/2015 - Family Businesses Jurisdiction Receivership Settlement Small Business

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

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