In this article, Joe Wielebinski and Matthias Kleinsasser of Winstead PC provide an overview of U.S. receivership law and discuss how this equitable remedy may be used to combat fraud alone, or in concert with other creditor remedies. The article lays out the basics of what a receivership is and what legal tools are available to a receiver charged with administering a receivership estate when fraudulent conduct is at issue. The article further discusses practical considerations for persons who suspect (but perhaps cannot confirm) they have been the victims of fraud and who wish to seek appointment of a receiver.
Originally published by ICC FraudNet - February 2022.
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