The California Code of Civil Procedure Section 564 lists many of the traditional types of cases in which receivers may be appointed. They include, but are not limited to, the following: Preservation of a common fund or property in dispute and in danger of injury or dissipation;Rents, Issues and Profits (Real Estate);Substandard Housing – The…

How is a Receiver Paid
A court-appointed receiver is typically paid from the assets or funds of the entity or property they are overseeing. The exact payment structure can vary based on the terms set by the court, but generally, the following process applies:
- Fees and Expenses: The receiver is usually entitled to receive compensation for their time and efforts, as well as reimbursement for any reasonable expenses incurred while carrying out their duties. This can include administrative costs, legal fees, and any costs related to managing or securing the property or business.
- Court Approval: The receiver’s compensation is often subject to approval by the court. The receiver will typically submit a fee application or request, detailing the work performed and the time spent. The court will review this request, and if it is deemed fair and reasonable, the receiver will be paid.
- Source of Payment: In many cases, the receiver is paid from the assets of the entity or estate they are overseeing. For instance, if the receiver is managing a company in financial distress, the company’s remaining funds or proceeds from the sale of assets may be used to cover the receiver’s fees. In some cases, the receiver’s compensation may be tied to the success of their management or sale of assets, such as receiving a percentage of the proceeds.
- Hourly or Flat Fees: Some receivers are compensated based on an hourly rate, while others may be paid a flat fee for their services. The specific payment arrangement will depend on the court’s order and the nature of the case.
The receiver must always report their compensation and activities to the court to ensure transparency and accountability throughout the process.
Related Posts
A receivership can be structured in a variety of ways based on the nature of the dispute, the goals and objectives of the parties, the type of asset(s) that will be placed under the control of a receiver as well as the ruling of the court. There are two core types of receiverships – a…
All court receiverships are not created equally, but the life-cycle of a court receivership has similarities that can be seen in almost every case.
