Category Archives: Court Receiverships

The duration of a court receivership can vary widely based on the specific circumstances of the case. I have listed just a few of the factors that can influence the length of a receivership below: Litigation Type: The type of legal case in which a court-appointed receiver is required can significantly affect its duration. Receiverships…

Section 564 permits the appointment of a receiver “in any case in which the court is empowered by law” to do so. Cal. Civ. Proc. Code § 564(a). Section 708.620 so empowers this Court to appoint a receiver to enforce a money judgment if, upon consideration of the parties’ interests, the appointment is “a reasonable…

California Probate Code § 16420 provides that (a) If a trustee commits a breach of trust, or threatens to commit a breach of trust, a beneficiary may commence a proceeding for any of the following purposes that is appropriate: (1) To compel the trustee to perform the trustee’s duties. (2) To enjoin the trustee from…

Cal. Code Civ. Proc., § 564 provides: (a) A receiver may be appointed, in the manner provided in this chapter, by the court in which an action or proceeding is pending in any case in which the court is empowered by law to appoint a receiver. (b) A receiver may be appointed by the court in which…

The Receiver is empowered to: (1) collect, control, manage, conserve, and protect receivership property;(2) operate a business constituting receivership property, including preservation, use, sale, lease, license, exchange, collection, or disposition of the property in the ordinary course of business;(3) in the ordinary course of business, incur unsecured debt and pay expenses incidental to the receiver’s…

In Arizona, the Ariz. R. Civ. P. 66 ( “Rule 66”) establishes a specific procedure for appointment of a court receiver. A party can seek to have a receiver appointed pursuant to court order based on the following, consistent with the Rule 66 as follows: (a) Application; Service; Notice; Restraining Order. (1)Application, Response, and Hearing. A party…

The administration of receivership estates takes specific skills, training, and experience. Receiverships involve litigation and oftentimes unique asset types. A good court receiver will have a good command of the applicable codes, statutes, and ordinances governing the appointment and administration process of the receivership estate. The receiver may also have requisite licenses and professional designations…

In California, the court receiver is entitled to seek compensation. This is pursuant to California Rules of Court, rules 3.1183, 3.1184. Typically, the order appointing the receiver will set forth the procedures whereby the receiver may be compensated. Often, a receiver must circulate a notice of intent to pay fees along with a copy of…

In the state of California, court-appointed receivers must be qualified to serve as receivers. Pursuant to the California Code of Civil Procedure § 566(a), numerous circumstances would prohibit an individual from qualifying to serve as a court receiver. This includes a party to the litigation, an attorney for a party, or a person interested in…