A Court Appointed Phoenix Partnership Dispute Receiver Is Here to Help
From breach of fiduciary duty, to fraudulent transfer claims, our experienced Phoenix partnership dispute receivers have extensive experience in disputes involving LLCs, partnerships, and corporations.
Here’s how a Phoenix Partnership Dispute receiver can help you:
A.R.S. §12-1242 (Arizona Revised Statutes §12-1242) and Rule 66 of the Arizona Rules of Civil Procedure govern the procedure for appointment of receivers and require the applicant to file an application accompanied by a separate affidavit in support of the application.
The standard for appointment is set forth in A.R.S. §12-1241 (Arizona Revised Statutes §12-1241), which provides that the court “may appoint a receiver to protect and preserve property or the rights of parties therein, even if the action includes no other claim for relief.”
Both this rule and statute remain in force and effect. A receiver may be appointed for a corporation on petition of a simple contract creditor to prevent waste and loss of property which should be available for payment of debts and which cannot otherwise be satisfactorily conserved. FedReceiver has extensive experience serving as a Phoenix partnership dispute receiver, protecting assets and preserving value under court supervision.
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Breach of Fiduciary Duty
Fiduciary duty breaches are a common element in litigation involving receicerships. This involves the failure of one party to comply with his/her duty to act for someone else’s benefit, while subordinating one’s personal interests to that of the other person.
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Vacate Fraudulent Purchase of a property
When a property has been acquired through fraud or misrepresentation, a court may appoint a receiver to vacate the fraudulent purchase and preserve the asset for rightful owners or creditors. A receiver provides neutral oversight, ensures compliance with court directives, and helps unwind fraudulent transactions to protect stakeholders. Learn more about our role as a Phoenix court receiver.
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Secured Lender Foreclosure Action
In foreclosure cases, a receiver may be appointed at the request of a secured lender to take control of the property, collect rents, and manage operations during the foreclosure process. This ensures that the lender’s collateral is preserved and that the property remains in compliance with local laws and regulations while litigation is pending. In Arizona, foreclosure-related receiverships are governed by the Arizona Uniform Commercial Real Estate Receivership Act (A.R.S. § 33-2605).
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Judgment Enforcement
A Phoenix judgment enforcement receiver may be appointed to locate, secure, and liquidate assets in order to satisfy court judgments. This includes managing real estate, business assets, and personal property. Receiverships in this context help protect creditor rights and enforce court orders against debtors who refuse to pay.
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After Judgment to Dispose of Property or Preservation Pending Appeal
Courts may appoint a receiver after judgment to dispose of property in accordance with the ruling or to preserve assets pending an appeal. A receiver acts as a neutral third party, ensuring that assets are neither wasted nor improperly transferred while legal proceedings continue.
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Corporate Dissolution
When disputes among shareholders or partners prevent the orderly dissolution of a corporation, a Phoenix business receiver may be appointed to wind down operations, liquidate assets, and distribute proceeds in compliance with court orders. This prevents mismanagement and ensures fair treatment of all parties.
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Corporate Insolvency
In cases of insolvency, a corporate receiver may be appointed to preserve company assets, manage debts, and maximize value for creditors. The receiver may operate the business temporarily or sell assets to satisfy obligations, ensuring compliance with insolvency laws and protecting stakeholder interests. See also the Arizona receivership statute (A.R.S. § 12-1241).
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Unlawful Detainer
When tenants unlawfully occupy a property and refuse to vacate, a receiver may be appointed to take control, manage eviction proceedings, and preserve property value. This process ensures that property owners and lenders are protected from ongoing financial loss or property damage. For more, see the Arizona unlawful detainer statute (A.R.S. § 33-1372).
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Public Utilities Request
Public utilities may request the appointment of a receiver when property owners fail to maintain infrastructure or comply with safety regulations. A receiver ensures continued operation of essential services, protects community interests, and manages compliance with state and local utility standards. In Arizona, oversight may involve agencies like the Arizona Corporation Commission Utilities Division.
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Preservation of Property Rights
A receiver may be appointed to preserve property rights in situations where ownership is disputed or at risk of being diminished. This neutral oversight ensures that assets remain protected until the court resolves the legal matter. FedReceiver has deep experience managing these disputes as a Phoenix partition referee.
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Health & Safety Code Section 129173
Under certain health and safety laws, including California Health & Safety Code §129173, a receiver may be appointed to manage substandard properties that pose risks to occupants or the community. The receiver oversees repairs, compliance, and, if necessary, sale of the property to eliminate violations.
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Assignee Under Ans Assignment of Lease, Rents, Issues or Profits
When a borrower defaults on loan obligations, lenders often enforce assignment of rents and profits clauses. In such cases, a Phoenix real estate receiver may be appointed to act as assignee, collect rents, manage income-producing property, and preserve value for secured creditors during foreclosure or litigation.
When is a Phoenix Partnership Dispute receiver needed?
A Phoenix partnership dispute receiver may be appointed in a variety of circumstances under Arizona law. Pursuant to A.R.S. §12-1241 and A.R.S. §12-1242, the court has the authority to appoint a receiver to protect and preserve property or the rights of parties involved. This often occurs when one partner assumes control of the business without proper authority, when required financial accounting of partnership income and expenses is not provided, or when decision-making is stalled due to voting deadlock. Disputes may also arise from self-dealing by one partner at the expense of others, or from the transfer or misuse of partnership assets in a way that conflicts with the partnership or operating agreement. In these situations, the appointment of a neutral receiver ensures that assets are preserved, operations remain stable, and the partnership is managed fairly under court supervision until resolution.
Clients Who Trusted Us
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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 County, Riverside, Sacramento, San Bernadino, San Diego, San Joaquin, San Luis Obispo, San Mateo, Santa Barbara, Santa Clara,Ventura County, and the California District Court.
States with cases/assets include Arizona, California, Colorado, Florida, Hawaii, Idaho, Illinois, Indiana, Massachusetts, Michigan, Montana, Nevada, Ohio, Oregon, Texas, Utah, Virginia, Washington, Wisconsin.
Who needs a court-appointed Phoenix Partnership Dispute Receiver?
A Phoenix partnership dispute receiver may be appointed when financial or ownership conflicts require neutral oversight. At FedReceiver, Inc., we provide professional receivership services tailored to the needs of lenders, attorneys, investors, and government agencies, ensuring assets are protected and disputes are managed under court supervision in accordance with A.R.S. §12-1241 and A.R.S. §12-1242.
Lender
Defaulted real estate or business loans, collateral disputes, inventory issues, or contaminated properties may all require the intervention of a Phoenix real estate receiver to preserve value and ensure compliance.
Attorney
Corporate, partnership, creditor rights, bankruptcy, and transactional attorneys frequently rely on court-appointed receivers to provide impartial management and accounting during litigation.
Defrauded Investor/Consumer
If you are a defrauded investor or consumer, government agencies may assist with investigating alleged fraud. A receiver may be appointed to secure assets and ensure restitution in such cases.
Government Agency
State and federal agencies—including those handling criminal restitution, health and safety violations, consumer fraud, and other regulatory enforcement actions—regularly appoint receivers to safeguard property and enforce compliance. Agencies such as the Federal Trade Commission (FTC) and the Arizona Attorney General’s Office often utilize receiverships to protect the public interest.
How we work together
From identifying problems to implementing solutions, our experienced team utilizes its decades of experience, expertise, training and resources to successfully administer its receiver, partition, provisional directorship, dissolution manager and distribution agent cases.
Reach out
Please reach out via our contact page or call us at our Los Angeles corporate office. Our state and federal cases involve assets throughout the county.
Set an Appointment
An initial call will allow for an initial assessment of the proposed case.
Sample Pleadings/Orders
With approximately 800 cases, FedReceiver has a vast library of exemplars including motions seeking appointment of receiver, orders appointing receiver and memorandum of points & authorities.
References
We offer excellent references with local and national law firms, accounting firms and clients.
Court Experience
Given our decades of experience and hundreds of cases, we have appeared in state/federal court and have excellent relationships with numerous courts/judges.
Get to know our expert court receivers in Phoenix
A family business, founded by James Donell, we are leaders in the receivership industry.
With prior experience as president of the California Receivers Forum (CRF) Los Angeles/Orange County Chapter, President of the National Association of Federal Equity Receivers (NAFER), panel members at receiver conferences, we are leaders in our industry.
Offices
Northern California
Sacramento, CA
Los Angeles
Wilshire Bundy Plaza 12121 Wilshire Boulevard, Subsuit 1120
Phone: 310.207.8481
Stephen J. Donell Los Angeles
President of FedReceiver, Inc., Jalmar Properties, Inc. and Donell Expert Services, Inc.
James H. Donell Los Angeles
Founder and CEO of FedReceiver, Inc. and Jalmar Properties, Inc.
Todd D. Donell Los Angeles
Executive Vice President of FedReceiver, Inc. and Jalmar Properties, Inc.
Sarah R. Bates Los Angeles
Vice President of FedReceiver, Inc. and Jalmar Properties, Inc.
Review the chapter authored by Mr. Donell
Reviving the Financially Distressed Business
Reviving The Financially Distressed Business is the essential guide for business owners and corporate leaders whose companies are under—or anticipating—financial difficulties. See Chapter 11, Receiverships, written by Court Receiver Stephen Donell, CCIM, CPM
Steve Donell’s contribution to the book “Reviving a Financially Distressed Business” reflects not only his expertise as a receiver, but his sound judgment on how receivership can be used to effectively advance a financially troubled business.”
– Brian Davidoff, Esq. Author and Editor