News & Analysis as of

Receivership

Conyers

How to Fail at Service Out: Misleaders Beware Jurisdiction Challenge – BVI Court Sets Aside Ex Parte Service Out Order in US$230...

Conyers on

In a recent judgment, which was heavily critical of the claimant bank, the BVI Commercial Court has set aside an order obtained ex parte permitting service on non-BVI resident defendants of a fraud claim out of the...more

Conyers

Receivership Order for Cayman Islands Segregated Portfolio Fund Secured in 3 Months

Conyers on

Feb 2024 On 12 January 2024, the Honourable Mr Justice Kawaley granted an order for the appointment of receivers pursuant to Section 224 of the Companies Act (2023 Revision) (the “Act”), over the Premier Life Settlement Fund...more

Davies Ward Phillips & Vineberg LLP

2023 Business Insolvencies in Canada

As we predicted in earlier issues of Davies Insolvency Now, the year 2023 reflected the anticipated increase in business insolvency activity. In this issue, we perform a comparative review of business insolvencies from 2023,...more

Bradley Arant Boult Cummings LLP

Distressed Long Term Care Assets: Receiverships

It is not a secret that the long term care and senior housing industry continues to experience significant financial distress due to, among other things, the lingering effects of the COVID-19 pandemic and rising interest...more

Hudson Cook, LLP

Debt-Relief Enterprise Forced into Receivership by CFPB, Seven States

Hudson Cook, LLP on

On January 10, 2024, the CFPB and Attorneys General from seven states filed a complaint against the Company and the individuals in charge for allegedly operating a debt-relief scheme that has been harming consumers since...more

Levenfeld Pearlstein, LLC

What Troubled Company Fiduciaries Need to Know About the Corporate Transparency Act – Sooner Rather Than Later

January 1, 2024, was a milestone for small businesses and their owners, as well as bankruptcy trustees, receivers, and chief restructuring officers (“CRO” and collectively, “Troubled Company Fiduciaries”) of small businesses...more

Troutman Pepper

Navigating the Storm: Receiverships in the Cannabis Industry

Troutman Pepper on

With rapid technological advances, expanded regulatory oversight, and constantly shifting market dynamics, owning and operating a business in the modern world has become an increasingly difficult challenge. Chief among the...more

Goodwin

FAQs About US Bank Failure

Goodwin on

Deposit Insurance - Are the deposits at my bank FDIC-insured? Deposits held at FDIC-insured depository institutions are insured up to $250,000 per depositor for deposits held in the same “right and capacity.”...more

Ervin Cohen & Jessup LLP

Is an Order Approving a Sale of Receivership Property Immediately Appealable?

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

Ervin Cohen & Jessup LLP

How To Handle the Cost of Producing Records From a Closed Receivership

Q: I was involved in a now closed receivership. I want access to some of the records of the entity that was in receivership and some emails and information I believe was sent to the receiver or her counsel....more

Husch Blackwell LLP

California Cannabis ABCs

Husch Blackwell LLP on

California’s cannabis industry continues to struggle in this seemingly unending shake out period. Namely, hundreds of licensed cannabis companies are getting stiffed on A/R with an overwhelming inability to collect as those...more

Ward and Smith, P.A.

Your Insurer Is In Receivership – Now What? Receiverships in North Carolina

Ward and Smith, P.A. on

Some sectors of the insurance industry, like the property market, for example, have sustained significant financial losses that have resulted in an uptick in the number of insurance companies being ordered into receivership. ...more

Winstead PC

[Webinar] Fiduciary Litigation Update 2022-2023 - December 19th, 10:00 am - 11:00 am CT

Winstead PC on

This update will address the following issues: whether a party has a right to jury trial in trust modification and other similar actions, what are the standards for pretrial receivership and injunctive relief in trust...more

Gray Reed

Federal Receiver Allowed to Abandon Texas Pipeline

Gray Reed on

Securities and Exchange Commission v. The Heartland Group Ventures LLC et al. explains what a receiver under federal law has the right to do. Much like Nick Saban’s offense against a certain team, she can do just about...more

Bennett Jones LLP

Redwater Reigns: SKCA Affirms Redwater's Applicability After Failed CCAA

Bennett Jones LLP on

The Saskatchewan Court of Appeal has confirmed that the Supreme Court of Canada’s decision in Orphan Well Association v. Grant Thornton Ltd., 2019 SCC 5 [Redwater], applies in Saskatchewan.  The Court of Appeal also affirmed...more

Troutman Pepper

Bankruptcy in the Cannabis Space

Troutman Pepper on

Though controversial, cannabis has steadily grown into a booming industry. Despite this rapid growth and the legalization of cannabis in numerous states, cannabis is still classified as a Schedule I drug under the Controlled...more

Patton Sullivan Brodehl LLP

Receiver for LLC Can be Bound by Operating Agreement’s Arbitration Provisions

Courts often appoint receivers to manage the affairs of LLCs when the internal management is conflicted or broken. General equity receivers (as opposed to more limited receiverships such as deed of trust receivers) enjoy...more

J.S. Held

Examining the Uniform Commercial Real Estate Receivership Act in Shaping Arizona’s Real Estate Receiverships

J.S. Held on

Historically, Arizona courts have granted receivers certain powers and duties related to commercial real estate and certain residential property in accordance with A.R.S. § 12-1241,1 and A.R.S. § 12-1242.2 For example,...more

Winstead PC

Court Affirms Receivership In Trust Case Based Solely On An Alleged Failure To Disclose And Did Not Require Traditional Equitable...

Winstead PC on

In Moody Nat’l Bank v. Moody, a beneficiary sued a trustee regarding several allegations of breach of fiduciary duty. No. 14-21-00096-CV, 2022 Tex. App. LEXIS 7844 (Tex. App.—Houston [14th Dist.] October 25, 2022, pet....more

Cadwalader, Wickersham & Taft LLP

Financial Kaleidoscope October 2023 - Win the Bid – What’s Next in Moving On?

On March 12, 2023, the New York State Department of Financial Services appointed the FDIC as receiver for Signature Bank. The FDIC created a bridge bank, Signature Bridge Bank (“Bridge Bank”), and transferred all deposits and...more

Ervin Cohen & Jessup LLP

Can a Receivership Court Bar Third Party Claims?

Q: I am a receiver for a corporation, in a case arising out of fraud allegations. I have asserted claims against various insiders. They are willing to settle with me for a significant sum, but only if the court bars...more

Lathrop GPM

Building Nonprofit Resilience: Dealing with Financial Distress

Lathrop GPM on

In this multi-part series, we highlight strategic steps that nonprofits can take to build organizational resilience in three different phases of its life cycle—in times of health, when beginning to experience financial or...more

International Cannabis Bar Association...

[Event] The Cannabis Law Sessions - Building Your Team - November 28th, Las Vegas, NV

The International Cannabis Bar Association (INCBA) is excited to return to MJBizCon to present our annual set of continuing legal education sessions on Tuesday, November 28, 2023. Designed for attorneys and other...more

Cadwalader, Wickersham & Taft LLP

FDIC Issues Bank Failure Post Mortem Report

Recently, the Federal Deposit Insurance Corporation (“FDIC”) issued a report from its Chief Risk Officer entitled FDIC’s Supervision of First Republic Bank. The FDIC was First Republic Bank’s primary federal banking agency,...more

Husch Blackwell LLP

Alternatives to Bankruptcy for Cannabis Companies (Part 3)

Husch Blackwell LLP on

Part 1 of this series discussed the lack of bankruptcy protections for cannabis companies since bankruptcy in the U.S. is an exclusively federal procedure and cannabis remains illegal under federal law and proposed a number...more

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Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

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Privacy Officer
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Sausalito, CA 94965

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Updates to This Policy

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Contacting JD Supra

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