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
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
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
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
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
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
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
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
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
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
I was in court last week and the judge appointed a corporation as the receiver in a case....more
I have been asked to be a receiver to help collect a judgment. The judgment debtor has intellectual property assets. Plaintiff’s counsel has asked me how hard it will be to get me appointed and if I would be able to sell the...more
QUESTION: Because there were not enough funds in the receivership estate, the court has ordered the plaintiff to pay my outstanding fees. The plaintiff, however, has refused to pay me. What can I do to get paid?...more
QUESTION: I am a receiver for a partnership. A creditor with a judgment has threatened to levy on funds I have collected. Can she do that?...more
QUESTION: I was appointed receiver for an unfinished housing development. I have convinced the Plaintiff (Bank) to advance funds to pay for guards, insurance and to complete construction, as well as to pay for my and my...more
QUESTION: 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...more
QUESTION: My client is involved in a partnership dispute. The partnership agreement provides all disputes are to be resolved by binding arbitration. I may want to have a receiver appointed to operate the partnership property...more
QUESTION: Can a receiver be appointed at the request of a secured creditor holding a lien on accounts receivable for the limited purpose of collecting the receivables?...more
QUESTION: In an operating receivership with an impaired secured creditor, where there is no possibility of payment to unsecured creditors, is it necessary to notice unsecured creditors on motions?
ANSWER: The answer is...more