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…
Our Services
We provide an integrated suite of court/fiduciary services including receivership, partition referee, provisional director, special master, distribution agent, dissolution manager and expert witness-related matters.
Qualified and Experienced Court - Appointed Professionals
Our industry-leading team members are experts in the following areas:
A receiver can be appointed in either state or federal court to address a wide array of problems related to real estate and/or businesses. It is a provisional remedy that can assist creditors/investors.
A probate administrator may be appointed after the death of an individual pursuant to state law.
A provisional director has all the rights and powers of a director to break a board deadlock pursuant to court order.
A dissolution manager may be appointed by the court pursuant to state law to dissolve a partnership and/or corporation.
A special master may be appointed in order to ensure compliance with an order of the court, including providing reports to the court.
A distribution agent may be appointed by the court to administer distributions to creditors.
A partition referee is nominated by a party and appointed by a court when co-owners of real property are unable to reach consensus regarding the sale of the property..
A provisional director has all the rights and powers of a director to break a board deadlock pursuant to court order.
Donell Expert Services, Inc. provides property management standard of care and receivership-related expert witness services.
A procedure to resolve a dispute in a binding manner with the consent of the parties.
Beyond this, we can also help you with a wide range of services including Property Management, Forensic Accounting, and Real Estate Brokerage.
Clients Who Trusted Us
Locations Served
With cases involving assets throughout the country and internationally, FedReceiver, Inc. provides nation-wide receivership services including international asset recovery.
Alameda, Butte, County of San Francisco, Contra Costa, El Dorado, Fresno, Humboldt, Imperial, Inyo, Kern, Kings, Los Angeles, Marin, Orange, Riverside, Sacramento, San Bernadino, San Diego, San Joaquin, San Luis Obispo, San Mateo, Santa Barbara, Santa Clara and Ventura County
Carson City, Clark, Douglas, Elko and Washoe County
Gila, Maricopa, Mohave and Pima County
States with cases/assets include Arizona, California, Colorado, Florida, Hawaii, Idaho, Illinois, Indiana, Massachusetts, Michigan, Montana, Nevada, Ohio, Oregon, Texas, Utah, Virginia, Washington, Wisconsin.
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Our Services
Receivership
Who is it for?
If you’re currently in these situations, you need the help of an experienced receivership team:
- You are a creditor rights attorney that represents a lender. The borrower has defaulted on a loan secured by real property. The property is in danger of waste and/or diminution of value.
- Your client is a partner in a partnership or LLC. Financial reports, cash flow distributions and other necessary information is being withheld in violation of the applicable partnership documents.
- You are a lender and your borrower has not provided you with updated financial statements, inventory, receivables reports and you believe the security for your commercial and industrial loan (C&I) is in peril.
- As a judgment creditor, you have exhausted your efforts to collect on your judgment; the judgment debtor is evading your collection efforts and you have verified that the debtor has assets to pursue.
- You are getting a divorce and your spouse is hiding/transferring spousal assets.
- As a lender over an environmentally compromised property that is in default, the asset cannot be foreclosed and it needs to be remediated and sold.
- Your client is a shareholder or member of an LLC that is facing a voting deadlock.
- Your client is a vendor seeking to vacate a fraudulent purchase.
What do we offer?
Here’s how we help you:
- Loan collateral is identified, preserved, maintained and analyzed, including via the use of appraisers, real estate brokers, forensic accountants, auctioneers and other professional.
- Improper partnership asset transfers are stopped, accounting analysis is performed with appropriate reporting being provided to all partners/members per the applicable partnership documents.
- Assets are seized per court order, the order is recorded and the investment/loan security is preserved pending further court order.
- After a charging order has been obtained, we pursue collection on such assets pursuant to court order.
- Martial assets are identified, inventoried, preserved and sold; funds are thereafter distributed pursuant to court order.
- Environmental cleanup including ground water contamination is remedied, appropriate closure letters are obtained by government agencies and the asset is sold; creditors are paid off in order of priority.
- Collection of assets related to charging orders on partner’s/LLC’s
- Repairs/code compliance related to the abatement of substandard conditions in residential buildings.
Forensic Accounting
Who is it for?
If you’re currently in these situations, you need the help of our team:
- The security for your loan is in jeopardy; your borrower may be engaged in fraud.
- Your investment is in jeopardy; your partner may be engaged in fraud, concealment, fraudulent transfers or self-dealing.
- Your spouse is hiding assets and is not provide you with access to cash, investment, real estate and/or business records
What do we offer?
Here’s how we help you:
- Our team works with a variety of forensic accounts throughout the country.
- The professional utilize their specialized knowledge to identify problems, analyze and trace receipts and disbursements and to address possible fraud and embezzlement.
- Services provided through 3rd parties include services related to financial investigation, litigation support, record reconstruction, identification of GAAP violations, Ponzi-like schemes, consumer fraud, damage analysis, shareholder disputes, marital disputes and asset tracing.
Partition Referee
Who is it for?
A Partition Referee is a neutral third party appointed by a judge to oversee the partition or division of real or personal property. The sales proceeds are disbursed pursuant to court order.
Consulting
Who is it for?
If you’re currently in these situations, you need the help of our team:
- You are an attorney trying to determine if a partition action or receivership service would be more appropriate for your client.
- As a litigator, your client is a judgment creditor and is in need of a receiver to collect on the judgment.
- You represent a partner/shareholder who is involved in a voting deadlock.
- Your client is getting a divorce and the spouse is hiding assets.
- You are a creditor rights attorney and your client, the lender, has a real estate loan in that is in default.
- As a city attorney, your sub-standard housing case may the court to appoint a receiver.
What do we offer?
Here’s how we help you:
- Identify the pro/cons of receivership vs. partition
- Discuss cost/benefit analysis of a receivership judgment collection action weighed against the likelihood of success
- Is your client’s voting deadlock best suited for a provisional director or court appointed receiver
- Identify ways in which a receivership can preserve the collateral for your client’s real estate loan pending foreclosure and analysis of pro/cons of receiver sale vs foreclosure
- Analyze costs, financing and pro/cons of habitability receivership cases
Expert Witness - Donell Expert Services, Inc.
Who is it for?
If you’re currently in these situations, you need the help of our team:
- Habitability litigation involving sub-standard housing
- Premises liability litigation
- HOA disputes
- Leasehold disputes
- Receivership
What do we offer?
Here’s how we help you with cases involving the following:
- Slum housing including bedbugs, roaches, vermin, mold, lead paint and sub-standard conditions impacting the habitability of single family, multi-family and condominium units
- Slip/fall, site-line obstruction, skylights, parking lots, dangerous conditions
- Criminal acts of 3rd parties
- Landlord/tenant disputes
- Fire/life-safety
- Elevators, ladders and mechanical device maintenance
- Obligations re: mitigating damages in leasehold disputes
- Property Management Standard of Care
Probate Administrator
An administrator is a person who has been appointed by a probate court to manage and administer a deceased person’s estate. This is different than an executor, who is nominated within the will of a deceased person.
Court Appointed Special Master
A special master may be appointed in order to ensure compliance with an order of the court, including providing reports to the court.
Arbitration
A procedure to resolve a dispute in a binding manner with the consent of the parties.
How we work together
Our full-service team of experts and consultants can assist in identifying the appropriate use of court appointed professionals.
Reach out
Reach out to us via our contact page. We provide services nation-wide. We can assist with an evaluation of how our services will be beneficial.
Set an Appointment
An initial consultation can identify the appropriate circumstances for appointment of receiver as well as cost-benefit analysis, timing and case-objectives.
Conflicts
In order to preserve independence and neutrality, prior cases are analyzed and reviewed to verify no conflicts exist.
Review Pleadings/Draft Order Appointing Receiver
A review of the draft court order appointing receiver, referee, provisional director, probate administrator, distribution agent or dissolution manager is performed.
Execute Declaration In Support of Appointment of Receiver
In most courts, a declaration of the proposed receiver/referee is required. FedReceiver, Inc. professionals can provide a detailed and customized declaration for use in the proposed case.
Helpful Resources
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.
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…