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Michigan Notice of Receiver's Application for Fees or Expenses (Receivership Estate)

State:
Michigan
Control #:
MI-MC-441
Format:
PDF
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Description

Notice of Receiver's Application for Fees or Expenses (Receivership Estate)

The Michigan Notice of Receiver's Application for Fees or Expenses (Receivership Estate) is a document used to notify creditors of a debtor's estate that a receiver has been appointed to manage the estate and is requesting payment of fees or expenses associated with the receivership. The document is typically filed with the court and must be served on all parties involved. The notice outlines the type of fees and expenses that may be requested, such as attorney fees, accounting fees, court costs, rental fees, employee wages, and other miscellaneous costs. There are two types of Michigan Notice of Receiver's Application for Fees or Expenses (Receivership Estate): 1) Initial Application for Fees or Expenses, and 2) Supplemental Application for Fees or Expenses. The Initial Application is used when a receiver is first appointed and outlines all the initial fees and expenses that the receiver is requesting to be paid from the estate. The Supplemental Application is typically filed when additional fees or expenses have been incurred and must be approved by the court.

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FAQ

AN ACT to enact the receivership act; to provide for the appointment of receivers to take possession of commercial property of another and to receive, collect, care for, and dispose of the property or proceeds of the property; and to provide remedies related to the receiverships.

The term of the receivership is dependent on the length of the underlying case and can therefore range from a few months to a few years. In some case, the lender will choose to continually extend the foreclosure date in order to allow the property to be sold by the receiver, rather than in a foreclosure.

A receivership in Texas may be installed under rules of equity (?fairness?) or pursuant to a specific statute. Under equity, a receivership must be ?ancillary? to an otherwise apparently valid claim or remedy and to protect or preserve property during the pendency of a lawsuit.

What Happens When a Receiver Is Appointed? Once appointed, the receiver may sell the property and pay out the proceeds to a creditor to satisfy a judgment.

If a business has a secured loan with a creditor and defaults on payment, the creditor may have the right to appoint a receiver to recover their money. The business then goes into receivership when a receiver gains possession of the business's assets and liquidates them to recoup money owed to the secured creditor.

Powers of a Receiver A receiver can maintain a bank account, enter into leases, deeds, and contracts, and engage in any business activity that is deemed necessary and reasonable to ensure the maintenance of the property during the court process.

How long can a receivership last? The court determines the length of the receivership, but it can last up to 180 days. Under recent rules issued by the Texas Supreme Court, if a creditor wants to extend past the 180 days, they must show "good cause" for the extra time.

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Michigan Notice of Receiver's Application for Fees or Expenses (Receivership Estate)