Arizona Appointment of a Receiver

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Multi-State
Control #:
US-L07057
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Description

This is an order for the appointment of a receiver. In an instance where the appointment of a receiver is necessary, this decision and order directs the receiver to reduce to cash any and all asssets where possible, and to file with the clerk a list of all assets and their disposition.


Arizona Appointment of a Receiver refers to a legal process in which a court appoints an independent third-party, known as a receiver, to take control and manage the assets, properties, or affairs of a person or entity. This appointment is typically done to protect the interests of creditors or other parties who may have a legal claim or interest in the property. The Arizona Appointment of a Receiver can be initiated through a court petition by a creditor or interested party seeking the appointment of a receiver to take over the operations of a debtor or a business facing financial distress. The appointment can be either temporary or permanent, depending on the circumstances and the court's judgment. There are various types of Arizona Appointment of a Receiver, each designed to address specific situations. Some common types include: 1. General Receivership: This type of appointment involves a receiver taking control of the general business operations of a company or an individual, usually in cases of financial mismanagement, fraud, or insolvency. 2. Post-Judgment Receivership: In situations where a judgment has been obtained by a creditor against a debtor, a post-judgment receiver may be appointed to collect and distribute the assets to satisfy the judgment. 3. Real Estate Receivership: In cases involving real estate properties, a receiver may be appointed to manage and maintain the property, collect rents, and handle other related activities until the property is sold or the issues resolved. 4. Healthcare Receivership: This type of appointment is specific to the healthcare industry and involves the appointment of a receiver to manage and oversee the operations and financial affairs of a healthcare facility or organization facing financial difficulties. 5. Equity Receivership: Equity receivership is typically initiated to preserve and protect the interests of shareholders or owners in situations where there is a threat of irreparable harm to the company or its assets. The Arizona Appointment of a Receiver is governed by Arizona Revised Statutes and follows a specific legal process. It aims to provide a fair and efficient mechanism to protect the rights and interests of all parties involved while ensuring proper management and preservation of assets or businesses.

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FAQ

A receiver is a person appointed as custodian of a person or entity's property, finances, general assets, or business operations. Receivers can be appointed by courts, government regulators, or private entities. Receivers seek to realize and secure assets and manage affairs to pay debts.

A receiver is a neutral fiduciary appointed by the court, both state and federal, to take control and possession of all forms of assets involved in contentious litigation for the purpose of preserving and maintaining the assets pending the conclusion of the litigation, or to effect the sale of the assets to realize ...

In conclusion, Rule 64 of the Federal Rules of Civil Procedure provides a framework for the seizure of property in order to enforce judgments and protect property. It ensures that the rights of individuals are respected, and that any harm caused by the seizure of property is minimized.

The first sentence added to Rule 66 prevents a dismissal by any party, after a federal equity receiver has been appointed, except upon leave of court. A party should not be permitted to oust the court and its officer without the consent of that court.

The Texas Family Code allows for a receiver to be appointed to preserve and protect the property of the parties or to enforce the division of marital property made in a decree.

P. 66. An action wherein a receiver has been appointed shall not be dismissed except by order of the court.

An action in which a receiver has been appointed may be dismissed only by court order. (As amended Dec. 27, 1946, eff.

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A party seeking the appointment of a receiver must file an application for the receiver's appointment, accompanied by an affidavit attesting to the facts ... Nov 7, 2022 — (1)Application, Response, and Hearing. A party seeking the appointment of a receiver must file an application for the receiver's appointment ...Apr 17, 2018 — Court-appointed receivers will conduct an analysis of assets, complete onsite inspections, and review carefully any related documents ... OFFICERS – list below all officers of the corporation within one year of the filing of the petition for bankruptcy or the appointment of the receiver. On the completion of the receivership, the temporary receiver shall file with the court a full accounting of all costs and expenses incurred and all income ... Aug 7, 2020 — The standard for appointment is set forth in A.R.S. §12-1241, which provides that the court “may appoint a receiver to protect and preserve ... Aug 12, 2021 — A form summons and civil coversheets must be filed with a receivership complaint, as they must be with any other type of action in Arizona. procedure for appointment of receivers and require the applicant to file an application accompanied by a separate affidavit in support of the application. The initial step is the filing with the superior court of an Application for Appointment of a Receiver, either included in a verified Complaint or in a separate ... Jan 30, 2023 — This article will examine the common applications of receivership based on the MCRA and other state statutes, with the recognition that despite ...

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Arizona Appointment of a Receiver