Q: I am a defendant in a receivership, where the receiver has moved to sell my property. If the court approves the sale, I want to appeal. My attorney says an order approving the sale cannot be directly appealed and I will...more
Q: I have handled a number of health and safety receiverships. A city I have worked with before asked me to look at a property and prepare a proposed remediation plan, so they could have me appointed receiver under Health and...more
Question: I have been appointed receiver to collect a judgment. The judgment is on appeal. I am concerned that if the judgment is reversed my fees might be in jeopardy. Am I entitled to keep the fees I have been paid even if...more
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Answer: In a recent unpublished bankruptcy appellate panel decision (In Re Domum Locis, LLC, 2015 WL 4697747 (9th Cir. BAP 2015)), the BAP...more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
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
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
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
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
9/5/2012
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
Arbitration Awards ,
Arbitrators ,
Compensatory Damages ,
Court-Appointed Receivers ,
Fire Damage ,
Partnerships ,
Property Damage ,
Punitive Damages ,
Receivership ,
Standing ,
Voidable