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Consumer Bankruptcy Court-Appointed Receivers

Consumer bankruptcy is a process to reduce or eliminate personal as opposed to business debts. Consumer bankruptcies can be filed under either Chapter 7 or Chapter 13 of the bankruptcy code.  Debtors are... more +
Consumer bankruptcy is a process to reduce or eliminate personal as opposed to business debts. Consumer bankruptcies can be filed under either Chapter 7 or Chapter 13 of the bankruptcy code.  Debtors are eligible for Chapter 7 or Chapter 13 depending on the nature of their debts and assets. less -
Ervin Cohen & Jessup LLP

Can the Bankruptcy Court Appoint a Receiver?

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

Ervin Cohen & Jessup LLP

The Proper Procedure for A Receiver Hiring Counsel to be Paid by the Receivership Estate

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

Ervin Cohen & Jessup LLP

If a receiver discovers possible criminal wrongdoing, are they required to report it to authorities?

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

Maynard Nexsen

Alternatives to Bankruptcy from Bankruptcy Law Specialist Christy Myatt

Maynard Nexsen on

The general notion behind receiverships is to preserve property pending the outcome of a case, or the foreclosure of real property or such other time as the Court deems a Receiver is not required....more

Ervin Cohen & Jessup LLP

Can I Be Sued By a Creditor in Nevada as a Receiver Appointed by the Court in California?

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

Ervin Cohen & Jessup LLP

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

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

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