Q:?I am a Chapter 7 bankruptcy trustee. One of the assets of the bankruptcy estate is a note, which is secured by an apartment building, owned by the debtor’s brother. The note is in default and I have learned there are...more
I am a receiver, but not an attorney. During the receivership some legal matters came up and I used my in-house counsel and an outside attorney to handle the matters. My order of appointment states I can hire attorneys, but...more
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
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Answer: In a recent unpublished bankruptcy appellate panel decision (In Re Domum Locis, LLC, 2015 WL 4697747 (9th Cir. BAP 2015)), the BAP...more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: 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
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
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