An indispensable tool for the lawyer interested in expanding their business, real estate, or environmental practice by becoming a court-appointed fiduciary in commercial matters, this book clearly explains the role of the court-appointed fiduciary, an officer and representative of the court who performs actions necessary to take custody of, preserve, manage, and ultimately, dispose of property. Whether a case involves liquidation of a debtor, recovery of fraudulently transferred assets, a deadlocked corporation, desegregation of a school system or even review of classified documents possessed by a former United States president the equitable remedy achieved by a court-appointed fiduciary works can be of critical importance to a case's practical outcome.
The book offers a tried-and-true roadmap for lawyers interested in the powers and duties of receivers, otherwise known as special masters, who are appointed by judges to hold, manage, control, or otherwise deal with property involved in contested matters. With experience spanning over three decades, the author shares his perspectives as a court-appointed fiduciary in cases matters involving a spectrum of facts. Let him show you how to ensure that the best and most suitable remedy is designed and implemented, such that the assets involved are managed properly through to the conclusion of your case. This document-rich handbook provides candid guidance on how to obtain a court appointment, how to draft an order tailored to the needs of the case, and how to exercise your powers and duties to keep the administration of the case in line with the client's objectives. The book features an exclusive collection of documents that illustrate the mechanics of receivership in the most practical manner.
Table of Contents
Chapter 01 - Scope of the Book
Chapter 02 - Definition of “Receiver”
Chapter 03 - Historic Origins
Chapter 04 - Uses and Purposes
Chapter 05 - Jurisdiction to Appoint Receiver
Chapter 06 - Statutory and Equitable Grounds for Appointment of a Receiver
Chapter 07 - Petition to Appoint Receiver
Chapter 08 - Form of Order Appointing Receiver
Chapter 09 - Selection of Receiver
Chapter 10 - Receiver’s Bond
Chapter 11 - Intervention
Chapter 12 - Powers and Duties
Chapter 13 - Sale of Assets: Methods and Mechanics
Chapter 14 - Action for Contempt
Chapter 15 - Liability of Receiver
Chapter 16 - Ancillary Receivers
Chapter 17 - Institutional Receiverships
Chapter 18 - Compensation of Receiver
Chapter 19 - Distribution of Receivership Estate
Chapter 20 - Concluding the Receivership
Chapter 21 - Appeals
Chapter 22 - Comprehensive Receivership Statutes
Appendix
Appendix A - Petition for Appointment
Appendix B - Order of Appointment
Appendix C - Receiver’s Bond
Appendix D - Request for Instructions and Other Motions
Appendix E - Asset Sales
Appendix F - Liquidation Plan
Appendix G - Action Initiated by Receiver
Appendix H - Ancillary Receivership
Appendix I - Complaint for Contempt
Appendix J - Compensation of Receiver
Appendix K - Receiver’s Report
Appendix L - Conclusion of Receivership
Appendix M - Model Order Appointing Receiver
Author
Author(s)
John C. Ottenberg, Esq.,
Ottenberg & Dunkless, Boston
