Category: Court Receiverships

A plaintiff’s bond in a receivership serves as a form of financial protection for the defendant (or any other party affected by the receivership). It ensures that if the court determines the receivership was unjustified or improperly granted, the plaintiff (the party seeking the appointment of the receiver) will be financially responsible for any damages…

Yes, a receiver can be appointed to assist a bankruptcy trustee in certain situations. While a bankruptcy trustee is responsible for overseeing the administration of a bankruptcy case, a receiver may be appointed by a court to take control of specific assets or property that are part of the bankruptcy estate. In some cases, the…

Receivership is a legal process in which a court appoints a receiver to manage the assets and operations of a troubled entity.This mechanism is typically used to protect and preserve assets during litigation, insolvency, or disputes.There are several types of receivership cases, each serving a distinct purpose depending on the circumstances. Below are the most…

In a recent episode of the “Navigating Receiverships” podcast, Stephen J. Donell, President of FedReceiver, Inc., shared his extensive knowledge on court-appointed real estate receiverships. With a career spanning over three decades and involvement in more than 900 cases across both state and federal courts, Mr. Donell offers a wealth of experience in this specialized…

You might be wondering, what exactly is a California court appointed receiver? In simple terms, they’re professionals appointed by the court to manage assets or businesses during legal disputes. Why You Might Need a Court-Appointed Receiver in California There are various scenarios where a receiver comes into play: Understanding these situations helps you see why…

First, let’s analyze the process by which a court analyzes the request for partition. A partition is, in part, an equitable proceeding.  Any co-owner of a concurrent interest in real property may have the property partitioned (Code of Civil Procedure § 872.710, subd. (b).). If the court finds that a plaintiff is entitled to partition,…

When faced with complex legal or financial disputes, courts may appoint a receiver to manage property, assets, or businesses during litigation. A court receiver acts as a neutral third party responsible for preserving or managing the property in question. For those involved in cases requiring receivership, a common concern is the duration of this arrangement….

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…