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Loyola XI Symposium

California Receivers Forum: Loyola IX Symposium

FedReceiver, Inc. is proud to announce its Gold Sponsorship of this year’s Loyola IX Symposium brought to you by the California Receivers Forum. Our very Stephen Donell will be present as one of the panelists for the Receiver as Detective: Working With a Receiver to Uncover Fraud and Other Bad Behavior event at 10 am…

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How Long Will I Need A Court Receiver?

The duration of a court receivership can vary widely based on the specific circumstances of the case. I have listed just a few of the factors that can influence the length of a receivership below: Litigation Type: The type of legal case in which a court-appointed receiver is required can significantly affect its duration. Receiverships…

Wooden seats in a court room

What is CCP § 874.316, The Partition of Real Property Act?

Effective January 1, 2023, there is a new addition to California partition actions that impact partition referees and the methodology utilized regarding how a property may be partitioned in the state of California. The California legislature voted to approve the Partition of Real Property Act (PRPA). Previously, the Uniform Partition of Hears Property ACT (UPHPA)…

Wooden seats in a court room

What is the legal standard for the appointment of a judgment enforcement receiver in California?

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…

What is the legal standard to have a California court receiver appointed in a probate matter?

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…

What is the legal standard for the appointment of a California equity court receiver over a corporation?

Cal. Code Civ. Proc., § 564 provides: (a) A receiver may be appointed, in the manner provided in this chapter, by the court in which an action or proceeding is pending in any case in which the court is empowered by law to appoint a receiver. (b) A receiver may be appointed by the court in which…

Under the Uniform Commercial Real Estate Receivership Act, what are the powers and duties of a receiver?

The Receiver is empowered to: (1) collect, control, manage, conserve, and protect receivership property;(2) operate a business constituting receivership property, including preservation, use, sale, lease, license, exchange, collection, or disposition of the property in the ordinary course of business;(3) in the ordinary course of business, incur unsecured debt and pay expenses incidental to the receiver’s…

How is a receiver appointed in Arizona?

In Arizona, the Ariz. R. Civ. P. 66 ( “Rule 66”) establishes a specific procedure for appointment of a court receiver. A party can seek to have a receiver appointed pursuant to court order based on the following, consistent with the Rule 66 as follows: (a) Application; Service; Notice; Restraining Order. (1)Application, Response, and Hearing. A party…

A court receiver listening to one of its members talking

What are some of the qualities that make a good court-appointed receiver?

The administration of receivership estates takes specific skills, training, and experience. Receiverships involve litigation and oftentimes unique asset types. A good court receiver will have a good command of the applicable codes, statutes, and ordinances governing the appointment and administration process of the receivership estate. The receiver may also have requisite licenses and professional designations…

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