Defendant/Counter-Plaintiff files a motion for the appointment of a special master/receiver for the purpose of the dissolution of the partnership, disposition of assets, payment of liabilities, and settlement of partnership affairs. Since the dissolution, plaintiff/counter-defendant and defendant/counter-plaintiff had been unable to agree on the disposition of the partnership assets, liabilities, and settlement of its affairs.
Motion for Appointment of Special Master Receiver to Dissolve Partnership, Dispose of Assets and Settle all Affairs as to Assets and Liabilities
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Description
Definition and meaning
A Motion for Appointment of Special Master Receiver to Dissolve Partnership, Dispose of Assets and Settle all Affairs as to Assets and Liabilities is a legal document filed in court that requests the appointment of a special master or receiver. This motion is typically used when partners in a business partnership are unable to resolve disputes regarding the dissolution of the partnership, the division of assets, or the settlement of liabilities. The special master or receiver is entrusted with the authority to manage partnership affairs during the dissolution process.
How to complete a form
When filling out the Motion for Appointment of Special Master Receiver, follow these steps:
- Begin with the court name and location at the top of the form.
- Clearly identify the parties involved, including the plaintiff and defendant.
- Provide a detailed account of the partnership's formation, operation, and the reasons for its dissolution.
- Include information about the partnership's assets and liabilities, any disputes, and the specifics of the appointment request.
- Sign and date the form in the appropriate section.
- Include a certificate of service to inform the other parties of the filing.
Legal use and context
This motion is used in legal contexts where there is a conflict between partners regarding the dissolution of their partnership. Common scenarios include disputes over asset distribution, unresolved debts, or improper handling of partnership finances. The appointment of a special master or receiver is often necessary to ensure an unbiased management of the dissolution process, helping to protect the interests of all parties involved.
Key components of the form
Essential elements included in the Motion for Appointment of Special Master Receiver are:
- Title: The form title should clearly state the purpose.
- Parties Involved: Names of the plaintiff and defendant.
- Background Information: Details about the partnership, including formation and operational history.
- Dispute Details: Clear explanation of the disagreements concerning assets and liabilities.
- Request for Appointment: Specific request for the appointment of the special master or receiver.
- Signature and Date: The signature of the person filing the motion.
Common mistakes to avoid when using this form
To ensure the validity of your motion, be cautious of the following common mistakes:
- Failing to provide complete information about the partnership's financial situation.
- Not clearly stating the reasons for the motion, which may lead to misunderstandings.
- Omitting to sign or date the form, which renders it invalid.
- Neglecting to serve the motion to all involved parties, which is critical for legal process.
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FAQ
In the law of the United States, a special master is generally a subordinate official appointed by a judge to make sure that judicial orders are actually followed, or in the alternative, to hear evidence on behalf of the judge and make recommendations to the judge as to the disposition of a matter.
Ethics boards and the bar are truly about conflicts and complaints, There are laws that prevent you from doing a bunch of things, Yet there is no law that states that someone can take over your firm.
A master is a judge in the courts of England and in numerous other jurisdictions based on the common law tradition.Masters are typically involved in hearing trials, case management, and in some jurisdictions dispute resolution or adjudication of specific issues referred by judges.
Rule 7.101 adopted effective March 7, 2014; amended effective November 7, 2014.Rule 7.103 adopted effective March 7, 2014. Rule 7.104 Term. (A) An attorney may be listed by the State Bar as eligible for special master appointment for five years.
The State Bar of California is responsible for maintaining a list of attorneys qualified to serve as a "Special Master" to accompany peace officers in conducting searches for documentary evidence under the control of attorneys, physicians, psychotherapists and clergy members. ( Penal Code Section 1524)
A "special master" is appointed by a court to carry out some sort of action on its behalf.For good cause shown, judges may appoint a Special Master to appear at the deposition to make evidentiary rulings on the spot.
Rule 53 allows for a special master to be appointed only if one of the following exists: (1) the parties consent to the appointment, (2) to hold a trial without a jury or make recommended findings of fact where there is some exceptional condition or accounting or difficult computation of damages, or (3) address pre-
A "special master" is appointed by a court to carry out some sort of action on its behalf.For good cause shown, judges may appoint a Special Master to appear at the deposition to make evidentiary rulings on the spot.