News & Analysis as of

Receiver's Fees

The Value of Interim Fee Orders

by Ervin Cohen & Jessup LLP on

QUESTION: I have seen a number of receivers file motions purporting to be interim versions of final accounts and reports, seeking orders approving fees and costs part-way through a receivership. Given that California Rule of...more

Don’t Assume That the Assets of the Receivership Estate Will Be Used to Pay for the Receivership

by Archer Norris PLC on

Parties (typically plaintiffs) may request the appointment of a receiver in cases involving disputes over corporate assets or interests in real estate. But the appointment of a receiver may have unexpected consequences for...more

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

by Ervin Cohen & Jessup LLP on

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

Delaware Court Orders Bank To Turn Over $156 Million Of Reinsurer’s Assets To State Insurance Commissioner

by Carlton Fields on

The Delaware Court of Chancery has denied U.S. Bank, N.A.’s request for an order establishing its right to retain cash and securities valued at $156 million and maintained by Freestone Insurance Company, a reinsurer now in...more

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

by Ervin Cohen & Jessup LLP on

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

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

by Ervin Cohen & Jessup LLP on

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

Using Receiver’s Certificate To Pay Receiver’s Fees

by Ervin Cohen & Jessup LLP on

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

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