Hawaii Appointment of a Receiver

State:
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.


Hawaii Appointment of a Receiver is a legal process in which a court appoints a receiver to take control and management of a property, business, or assets of a party involved in a legal dispute. This appointment usually occurs when there is a failure to comply with court orders, breach of contract, insolvency, or other circumstances that require the protection and preservation of assets. In Hawaii, there are different types of Appointment of a Receiver depending on the specific situation: 1. Appointment of a Receiver in Foreclosure Cases: When a borrower defaults on a mortgage loan, the lender may seek the appointment of a receiver to take possession and manage the property until the foreclosure process is completed. 2. Appointment of a Receiver in Business Dissolution: In cases of business dissolution or partnership disputes, a receiver can be appointed to ensure the fair distribution of assets and the orderly winding down of operations. 3. Appointment of a Receiver in Insolvency Proceedings: When a company or individual is unable to meet their financial obligations, a receiver may be appointed to oversee the liquidation of assets and distribution to creditors. 4. Appointment of a Receiver in Fraudulent Conveyance Cases: If there is evidence of fraudulent transfer of assets to avoid paying debts, a court may appoint a receiver to investigate and recover such assets for the benefit of creditors. The process of appointing a receiver in Hawaii involves filing a petition with the appropriate court, providing detailed facts and reasons for requesting the appointment. The court will review the petition and consider factors such as the financial stability of the party involved, the potential harm to creditors, and the qualifications and suitability of the proposed receiver. Once appointed, the receiver assumes control of the assets or property in question and acts as a fiduciary for the court, ensuring their fair and impartial management. The receiver is responsible for preserving the assets, conducting an inventory, managing income and expenses, and potentially liquidating or selling assets to satisfy outstanding debts or fulfill court orders. In conclusion, Hawaii Appointment of a Receiver is a legal mechanism used to protect and manage assets, businesses, or properties involved in legal disputes or insolvency proceedings. Its various types cater to specific situations where the appointment of a receiver is necessary to ensure fair distribution, protection of creditors' rights, and efficient resolution of disputes.

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FAQ

Hawaii Civil Statute of Limitations The civil statute of limitations, or time limits for filing various types of civil claims in the Aloha State, which range from two to 10 years; with an explanation of why such limits are imposed.

Under this section, judgment, together with all rights and remedies appurtenant to it, are conclusively presumed paid and discharged after ten years unless timely renewed.

Hawaii Civil Statute of Limitations Laws: At a Glance Injury to PersonTwo years (H.R.S. § 657-7)JudgmentsTen years from the court of record, if within the state, and six years if a judgment outside Hawaii (H.R.S. § 657-5) Six years if the judgment is not from a court of record (H.R.S. § 657-1)8 more rows

Open accounts/written contracts: The Hawaii statute of limitations on open accounts and written contracts is six years. Credit card accounts, loans that do not fall within the ambit of the Uniform Commercial Code, and debts arising under other written agreements all fall under the same six year statute of limitations.

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Hawaii Appointment of a Receiver