North Carolina 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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US-MOT-01401
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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.

A North Carolina 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 used in cases where a partnership needs to be dissolved, assets need to be disposed of, and all matters pertaining to assets and liabilities require settlement. This motion seeks the appointment of a special master receiver, who will be granted the authority to oversee the dissolution process, asset disposal, and settlement of all financial obligations. In North Carolina, there are two main types of motions for the appointment of a special master receiver to dissolve a partnership and settle its affairs. These are: 1. Voluntary Motion for Appointment of Special Master Receiver: This type of motion is filed voluntarily by all partners involved in the partnership. It signifies a mutual agreement among the partners that the partnership needs to be dissolved and its affairs settled. The voluntary motion outlines the reasons for dissolution, the proposed plans for asset disposal, and requests the appointment of a special master receiver to facilitate the process effectively. The special master receiver will work towards ensuring equitable distribution of assets and the settlement of liabilities in accordance with applicable laws. 2. Involuntary Motion for Appointment of Special Master Receiver: An involuntary motion is filed when one or more partners seek the dissolution of the partnership against the wishes of other partners. This may occur due to irreconcilable differences, breaches of partnership agreements, fraudulent activities, or any other valid grounds for dissolution. In such cases, the partners filing the motion request the court to appoint a special master receiver to handle the dissolution process, asset disposal, and settlement of the partnership's affairs. The special master receiver will act as a neutral party, ensuring fairness and adherence to legal requirements throughout the process. Keywords: North Carolina, motion, appointment of special master receiver, dissolve partnership, dispose of assets, settle affairs, assets, liabilities, voluntary motion, involuntary motion. Please note that this is a general description and should not be considered legal advice. It is advisable to consult with an attorney experienced in North Carolina partnership law to obtain accurate and specific guidance regarding your particular case.

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The Writ of Execution This writ of execution directs the Sheriff's Office to identify assets, seize them, and sell them at an auction, with the proceeds paid to satisfy the judgment.

Judges appointed special masters in about 60% of these cases, that is, in fewer than 2 cases in 1,000 (0.2%).

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- ...

In U.S. v. Microsoft, Judge Jackson appointed Lawrence Lessig as a special master (as an amicus curiae) to advise the court about technical issues, and to investigate certain claims, such as Microsoft's assertion that removing Internet Explorer from the Windows operating system would make the system slower.

The role of the special master (who is frequently, but not necessarily, an attorney) is to supervise those falling under the order of the court to make sure that the court order is being followed, and to report on the activities of the entity being supervised in a timely matter to the judge or the judge's designated ...

As a magistrate judge, Young was a salaried officer of the court?but special masters not on a court's payroll are paid for by the parties to the case. In fact, parties prepay for special masters in most cases, subject to repayment by the losing party if the judge decides to reallocate those costs.

Parties Can Agree to Use a Special Master Using a Stipulation and Order, the parties agree on the person they will use as a special master. The parties decide what issues the special master has the power to resolve.

2 Essentially, the special master is someone who serves a limited purpose for the court to do things the parties want it to do, to make some difficult findings of facts, or do things that would be impractical for a judge to do or administer.

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... Dissolve Partnership, Dispose of Assets and Settle all Affairs as to Assets and Liabilities quickly: Be sure the form meets all the necessary state requirements ... The judge on his own motion appointed a special master to report on damages, making it clear ... The judge appointed a special master or expert based on (Check ...AN ACT TO ENACT THE NORTH CAROLINA COMMERCIAL RECEIVERSHIP ACT;. REPEAL CORRESPONDING ASSIGNMENTS FOR THE BENEFIT OF CREDITOR. STATUTES; AND MAKE AN ACTION FOR ... Oct 21, 2015 — The court may remove receivers, appoint substitutes, and fill vacancies. ... the receiver may not generally dispose of the assets free and clear ... The court appointing a receiver has exclusive jurisdiction over the corporation and all of its property wherever located. ... (1) To dispose of all or any part of ... ADJUNCTS: A BENCHBOOK FOR JUDGES AND LAWYERS, published by the Academy of Court-Appointed Masters. This PDF file is designed for double-sided printing and three ... The form calls for a preliminary inventory of all assets of the decedent as ... Generally, an executor of a will who is a North Carolina resident is not. Apr 25, 2023 — The holder of any special deposit shall account to the domiciliary receiver for all distributions from the special deposit at the time of the. >> timely file all schedules and statements of financial affairs, unless the ... (M) One additional bankruptcy judge for the eastern district of North Carolina. In this dispute between members of several North Carolina LLCs, the court concluded that conclusory allegations that the assets of the LLCs were being ...

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North Carolina Motion for Appointment of Special Master Receiver to Dissolve Partnership, Dispose of Assets and Settle all Affairs as to Assets and Liabilities