Blog

The FedReceiver®, Inc. blog is designed to inform and educate individuals and companies in search of current news relating to receivership, as well as provide guidance on court appointed receiver best practices.

The Receivership Process: A Visual Guide

At FedReceiver, a common question our court-appointed receivers get asked is, “how exactly does receivership work?” While there are many different types of receivership cases we can administer, the process of appointing a receiver is uniform. Whether you require a receiver for rents, issues & profits, government enforcement actions, or a marital dissolution, there are…

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United States District Court Appoints Stephen J. Donell, CCIM, CPM As Receiver in SEC Enforcement Action involving the EB-5 Immigrant Investor Program

LOS ANGELES, CA (December 11, 2015) – The United States District Court of the Central District of California appointed Stephen J. Donell as receiver in the case titled Securities and Exchange Commission vs. Robert Yang; Claudia Kano; Suncor Fontana, LLC; Suncor Hesperia, LLC; and Suncor Care Lynwood, LLC, with Yanrob’s Medical Inc.; HealthPro Capital Partners,…

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California – How and When to Use Court Appointed Receiver Specialists

Receivers are appointed in both state and federal court in connection with underlying litigation. The appointment of receiver is not a cause of action; rather, it is an ancillary remedy. A receiver may be appointed in California pursuant to the California Rules of Court, §564. Courts view a receivership action as a drastic remedy. Alternative…

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Use of Los Angeles Receiver in Corporate/Partnership Disputes

One of the most beneficial remedies available to parties that are engaged in corporate/partnership disputes is the use of a court appointed receiver. A receiver may be nominated by a party in California in a variety of circumstances including actions filed involving breach of contract and breach of fiduciary duty. Breach of contract claims can…

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Enforcing a Judgment: When it’s Time to Hire a Los Angeles Court Appointed Receiver

If you are faced with an enforcement of a judgment that is proving to be difficult or involves fraud, the illegal transfer of assets, hiding of assets, or other activities, the appointment of a receiver is an option worth considering. Pursuant to Article 7, section 708.620 of the California Code of Civil Procedure, entitled Receiver…

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California State Court Receivers’ Oath & Disclosure Requirements

In California, pursuant to CCP Section 567(a), a receiver is required to file an oath with the appointing court “before entering upon the duties of a receiver”. This means that a receiver may not perform any duties as receiver prior filing of the oath. There have been many instances where inexperienced receivers have not complied…

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Real Estate Receivers

The most common type of receivership action is an action filed on behalf of a secured lender to enforce a default related to a deed of trust. This is known as a real estate receivership and/or a “Rents Issues & Profits” case. There are a variety of circumstances under which a real estate receiver can…

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Wisconsin Company Erik Buell Racing Files for Receivership Following Bankruptcy

Based in East Troy, Walworth County, Wis., Erik Buell Racing was the progeny of Buell Motorcycle Company, owned, until 2009, by Harley-Davidson. Erik Buell began his company over three decades ago. He has lost control of the company, and a court-appointed receiver has taken over.   According to the Milwaukee-Wisconsin Journal Sentinel, the implosion occurred…

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Use of receiver may protect lender from environmental liability

Lenders who hold deeds of trust against residential or commercial property are often hesitant to proceed with foreclosure actions against borrowers when the underlying property at issue has been contaminated. One of the many creative uses of the remedy of a receivership appointment involves the use of a receiver to remediate the property prior to…

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Education Commissioner Mitchell Chester calls Split-Decision to Place School District in Receivership an “Opportunity”

In the Gateway City of Fitchburg, Massachusetts, the state’s top authorities on education voted 8-3 in favor of receivership for the Holyoke school district. The district earned a level 5” rating which, according to the Massachusetts&nbspDepartment of Education, places it among “the most serious category in Massachusetts’ accountability system,” because it “failed to improve as required…

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Sale of California real property by state court receivers

In California, a state court receiver may provide tremendous benefits to parties in litigation by selling the property in dispute. There are many benefits to appointed receivership sales, including lack of lender and/or owner liability, since the receiver is the actual seller, being able to sell “as-is” without any representations or warranties to buyers and…

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