Ask The Receiver Fall 2023 • Issue 79
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. I contacted the former receiver. She said the entity’s records she had have been destroyed and if […]
Receivers’ Use of Writs of Possession toObtain Custody of Real Property
When a receiver is appointed over real property whether directly, or indirectly as receiver of a partnership or corporation that has real property, the order of appointment usually orders the receiver to take possession of the property involved and usually contains injunctive provisions which order the parties not only not to interfere or hinder the […]
Ask The Receiver: Winter 2022 • Issue 76
Q: A few months ago I was appointed receiver over an operating business. A party is complaining that I have not filed an inventory of the assets of the business. My order of appointment says nothing about my having to file an inventory. The business has hundreds, if not thousands, of items of property (tools, […]
Ask The Receiver: Summer 2022
Q: I am a receiver in a partnership dispute case. I have been served with a subpoena issued from a case outside the receivership case, seeking partnership records and emails to and from a defendant in that case. Neither the partnership nor the partners involved in the receivership case are parties in that case. Do […]
Corporation filed bankruptcy, can I demand payment for the cost of turning over the assest?
Q: I was appointed as receiver for some major assets owned by a corporation. I just learned the corporation filed for bankruptcy. I know I have to eventually turnover the assets to the representative of the bankruptcy estate. Can I wait to see if the bankruptcy sticks or if a trustee is appointed? Can I […]
Can the receivership court stay lawsuits?
Q: I was appointed as a state court receiver over a corporation. There are a number of pending lawsuits against the corporation. Currently there are few liquid assets and I would rather not use them to defend the lawsuits. Can the receivership court stay the lawsuits and require the claims be dealt with in a […]
Partition Referees and Receivers Have Quasi-judicial Immunity
A number of articles previously published in Receivership News have pointed out that while it is clear that receivers appointed by federal courts have quasi-judicial immunity (See, New Alaska Dev. Corp. v. Guetschow, 869 F.2d 1298 (9th Cir. 1989); Trinh v. Fineman, 9 F. 4th 235 (3rd. Cir. 2021) [collecting cases]) up to now it […]
Ask The Receiver Summer 2023 • Issue 78
Q: In a receivership I just wrapped up, the court approved my final account and report and awarded me final fees. Because there were insufficient funds in estate to pay my fees in full, the court ordered the defendant to pay my outstanding approved fees. The defendant, however, has not paid me. Am I entitled […]