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Receivership Law Related Questions

What is receivership?

A receivership is a certain situation that sometimes occurs in which a selected person takes over a failed business. The goal of this is to recover the business from its failing status. There are different ways that receivership can occur. Sometimes, the creditors of a company may get a receiver so that the receiver will save as many assets of the company as possible so the creditors get their money. In other situations, the court may appoint a receiver as a certain term for a company that has filed for bankruptcy. And yet another way for a company to land themselves in receivership is if the government sees that the company is failing and gives it that status to where a receiver would be necessary.

If a company is in receivership, is it possible for that company to file for Chapter 7 bankruptcy?

It is very possible for a company to file for Chapter 7 bankruptcy even if they are in receivership. Filing for Chapter 7 bankruptcy would immediately end the receivership. By ending the receivership, the company would then be exclusively liquidated, and since a Chapter 7 bankruptcy would be filed, no assets would be lost, and no debts would be owed depending on how the outcome of the bankruptcy case went.

If the home a person is renting month-to-month is in receivership, what are some things one can do to protect themselves so they will not have to move out?

In this type of situation, there are not many options for a tenant. What they can do is limited to how their contract for their lease is made. Since the person has only a month-to-month lease, the owner of the property only needs to notify the tenant one month in advance if they do not wish to continue leasing the property out. The one thing that may be possible is for the tenant to notify the bank that is taking over the property from the owner. They may agree to strike a deal with the tenant and start a new lease so that the tenant will not be forced to move on such short notice.

If a company provides services for a certain building that is in receivership, should this company expect their money to be paid?

When a building is under receivership then they will recover any money that can still be recovered from the building and the business. In this situation, the company that provided the building with their services would be considered an unsecured creditor. When the money from this building is recovered, it will be used to pay the costs for receivership, and then usually it will be distributed among secured creditors. Once that has been done, the money will go to employee wages and other priority claims. If any type of money is left over, even if in assets, it goes to unsecured creditors. There is not much one can do to guarantee themselves that they will be paid, but it is best to wait and see if anything is left to be given.

Is it possible for a receiver to reject a contract or agreement like a trustee?

In a situation like this, it usually depends on the type of contract or agreement that the person wants to reject. If it is a proposed contract or agreement, a potential receiver can reject it. If it is a contract or agreement that is in existence and the receiver has already agreed some time before, then it would depend on the type of receiver, and what terms the court made when the receiver was appointed. When the contract or agreement has already been made, rejection is only allowed to be done if the law over the type of business and receivership allows it.

When it comes to receivership, people may or may not want to have it in their specific situation. Generally the actual business or owner of the business does not have any say if a receivership is appointed to it. A receivership can be very beneficial, but if any questions arise about it or anything else, ask the Experts.
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Recent Receivership Questions

  • I was appointed Receiver of the company I work for 7 weeks

    I was appointed Receiver of the company I work for 7 weeks ago while the parties who own the LLC are in litigation. On e of the parties has 2 UCC filings against the company's receivables because of loans they have made or purchased with perfected security interests. As receiver I negotiated to pay the smaller UCC and get a forbearance agreement on the larger UCC, which is legally in second position against the firms assets. This really pissed the other owner off and they are taking it out on me. They used some relationships in the court system to change judges this week, which is questionable. The new judge does not understand receivership and would not allow me to report to him directly, as is the correct practice. He then passed an emergency order AFTER the wore to the creditor cleared which ordered me to return the wire and confirm the return with the court within 24 hours. It is impossible for me to return a wire that was sent to so
    someone else. I did ask the creditors counsel to have them return the wire and they denied the request and filed a supersedeas appeal to overturn the order. Counsel for the business owner who was not the creditor has now filed a motion for a show cause hearing to hold me in contempt for not returning the wire. My question: Can a judge order me to do something that is Impossible for me to do and can I be held in contempt for not completing the impossible task. With the switching of judges, the impossible order, and the contempt it feels like a kangaroo court. I am supposed to be an officer of the court I was appointed by and I am being railroaded into a negative situation. The lawyer who filed the contempt was sanctioned by a federal judge this June for vexatious litigation in bad faith and abuse of the system. I also want to explore whether I have a right to pursue a malicious prosecution case once this BS contempt is thrown out. Thanks! - yes this is real!
  • If an agreement alludes to, "Bankruptcy of a Member" does the

    If an agreement alludes to, "Bankruptcy of a Member" does the fact that a Member has gone into Receivership qualify as, "Bankruptcy?
  • C corp was in receivership then the court dissolved the corp

    C corp was in receivership then the court dissolved the corp and Chap 7 followed. Bankruptcy Trustee declared it was a no asset case and it was closed. Can a stockholder sue the new LLC as a derivative plaintiff and what is the expected result? Is there standing to sue a dissolved corp that filed Chap 7 then case closed as no asset case?
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