Florida Appointment of a Receiver

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US-L07057
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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.


Florida Appointment of a Receiver refers to the legal process by which a court appoints a neutral third party, known as a receiver, to take control of a person or entity's assets and manage them on behalf of creditors or other parties involved in a legal dispute. This appointment is usually necessary when the court determines that a party's assets or business operations are at risk of being mismanaged, wasted, or depleted. In Florida, there are various types of Appointment of a Receiver that can be sought, depending on the specific circumstances and objectives of the parties involved: 1. General Receivership: This type of appointment occurs when a receiver is appointed to take control of a person or entity's assets and manage them in order to preserve and protect them until a resolution of a legal dispute can be reached. The receiver is typically granted broad powers to manage and operate the business or assets effectively. 2. Equity Receivership: In cases where there is a need to protect the interests of investors or shareholders, an equity receiver may be appointed. An equity receiver specializes in managing and protecting assets in situations involving fraud, embezzlement, or misappropriation of funds. They are responsible for recovering, preserving, and distributing assets to affected parties. 3. Real Property Receivership: A real property receiver is appointed when a property, such as commercial real estate, is at risk of being mismanaged, wasted, or neglected. The receiver's main responsibility is to protect the property, collect rent, pay expenses, and maintain the property until a resolution is reached. 4. Intellectual Property Receivership: In cases involving intellectual property rights, such as patents, trademarks, or copyrights, a receiver can be appointed to manage and protect these assets. The receiver ensures that the intellectual property rights are not compromised or infringed upon during the legal proceedings. During the Appointment of a Receiver process in Florida, the court carefully considers the qualifications and experience of potential receivers. The receiver must be impartial, financially responsible, and capable of effectively managing the assets or business operations under their control. The appointed receiver is typically required to submit regular reports to the court and maintain transparent accounting records. In conclusion, Florida Appointment of a Receiver is a legal process that allows the court to protect and manage assets involved in a legal dispute. The various types of receivership available in Florida cater to specific circumstances and objectives, such as general, equity, real property, or intellectual property receivership. It is crucial to consult with a knowledgeable attorney to navigate the complexities of the Appointment of a Receiver process in Florida accurately and effectively.

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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.

Stat. § 714.06. Section 714.06 - Appointment of receiver (1) The court may appoint a receiver: (a) Before judgment, to protect a party that demonstrates an apparent right, title, or interest in real property that is the subject of the action, if the property or its revenue-producing potential: 1.

Obligations to creditors The only obligation that a receiver has to an unsecured creditor (except employees) is to take reasonable care to sell any assets of the company for not less than market value, or the best price reasonably obtainable.

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.

Rule 3.240 - CHANGE OF VENUE (a)Grounds for Motion. The state or the defendant may move for a change of venue on the ground that a fair and impartial trial cannot be had in the county where the case is pending for any reason other than the interest and prejudice of the trial judge.

Business Organizations § 607.1432. Receivership or custodianship. (1) A court in a judicial proceeding brought to dissolve a corporation may appoint one or more receivers to wind up and liquidate, or one or more custodians to manage, the business and affairs of the corporation.

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Jan 1, 2022 — F.S. §714.07 provides that the court may not appoint a person as a receiver unless the person submits to the court a statement under penalty of ... Section 714.06 - Appointment of receiver (1) The court may appoint a receiver: (a) Before judgment, to protect a party that demonstrates an apparent right, ...At the state level, Florida Rules of Civil Procedure Rule 1.620 lays out the procedural requirements for the appointment of a receiver. Additionally, the ... Thus, a Florida court does have the common law authority to appoint a receiver when there is condominium association mismanagement which causes waste, for ... The court appointing a receiver or custodian has exclusive jurisdiction over the corporation and all of its property wherever located. (2) The court may appoint ... If a receiver is appointed, the receiver shall have all of the powers of the board and shall be entitled to receive a salary and reimbursement of all costs and ... this Court for an Order directing it to liquidate a domestic insurer upon the existence of any grounds specified in Section 631.051, Florida Statutes. Section 56.10 provides: If an execution cannot be satisfied in whole or in part for lack of property of the corporate judgment debtor subject to levy and ... A Practice Note on the procedures for requesting a receivership under Florida law. This Note addresses the basics of receiverships, including the legal ... What is the Receiver? The Florida Department of Financial Services is the appointed Receiver of all insurance companies ordered into receivership in Florida.

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Florida Appointment of a Receiver