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

State:
Multi-State
Control #:
US-MOT-01401
Format:
Word; 
Rich Text
Instant download

Description

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.
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  • Preview Motion for Appointment of Special Master Receiver to Dissolve Partnership, Dispose of Assets and Settle all Affairs as to Assets and Liabilities
  • Preview Motion for Appointment of Special Master Receiver to Dissolve Partnership, Dispose of Assets and Settle all Affairs as to Assets and Liabilities
  • Preview 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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FAQ

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