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Category Archives: Court Receiverships

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Can a receiver terminate a lease or contract?

In certain circumstances, the receiver may reject a lease or contract. The appointment of the receiver is an equitable remedy and the Court may make decisions based on the equities. Similarly, the receiver may be empowered to make decisions based on the equity and fairness of the situation notwithstanding the existence of specific contracts and…

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Can a lender seek appointment of a receiver?

When confronting commercial loan defaults and protecting distressed assets, lenders and servicers often rely on one of four common remedies: workouts, receiverships, deeds in lieu, and foreclosures. Among these, the role of receivers is growing at an accelerated pace, as lenders pursue receivership appointments to minimize losses, preserve property values, and avoid liability exposure. Lenders…

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What does it mean to be a receiver of a property?

A receiver is an agent of the Court. In order for a receiver to be appointed, a lawsuit must be filed. A receiver takes legal possession of the property but the receiver does not become the owner of the property. The receiver is generally empowered to collect rent, manage the property, perform repairs and hold…

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What are the qualifications of a receiver?

The receiver is an agent, officer, or arm of the Court. By definition, a receiver is neutral and must not have any financial interest in the asset over which the receiver is appointed. There are no licenses that receivers are required to possess. However, there are many considerations regarding the qualifications of a receiver. The…

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Can a receiver change the locks?

When a receiver is appointed, he or she is appointed by an order issued by the judge. An underlying lawsuit must be filed prior to the appointment of a receiver. The appointment of the receiver is an equitable remedy. There are many types of receiverships including real estate receivership, partnership dispute receivership, equity receivership, divorce…

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What happens when receivers are appointed by the court?

When the court appoints a receiver in California, Nevada, Arizona, and throughout the country, this sets off a series of events that will impact the asset over which the receiver has been appointed. The duties and responsibilities of the receiver are identified in the order appointing the receiver. Depending upon the type of case, which…

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What are the powers of a court receiver?

Read about the duties and responsibilities of a Los Angeles Court Receiver.

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Can a court receiver sell property?

Los Angeles real estate receivership cases involving the sale of property are complex, especially when they involve assets worth millions of dollars. Here are some of the things that a California real estate receiver can and cannot do. California law permits the sale of real estate out of receivership. California Code of Civil Procedure 568.5…

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How are court receivers appointed?

In California, a receiver is appointed by the court when one party in a lawsuit files a motion seeking the appointment of a receiver. Learn more about how this process works.

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