Rhode Island Agreement between Creditors and Debtor for Appointment of Receiver

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Multi-State
Control #:
US-03283BG
Format:
Word; 
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Description

A receiver is a person authorized to take custody of another's property in a receivership and to apply and use it for certain purposes. Receivers are either court receivers or non-court receivers.


Appointment of a receiver may be by agreement of the debtor and his or her creditors. The receiver takes custody of the property, business, rents and profits of an insolvent person or entity, or a party whose property is in dispute.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

(4) A secured creditor may enforce, realise, settle, compromise or deal with the secured assets in accordance with such law as applicable to the security interest being realised and to the secured creditor and apply the proceeds to recover the debts due to it.

Fast Fact. Court-appointed receivers are officers of the appointing court; they do not act as fiduciaries for creditors (that is, protect the interest of those who are owed money) as debtors and trustees do in bankruptcy cases.

Both positions of receiver and manager within a company are generally appointed by a secured creditor through powers contained in a mortgage or loan. A company receiver and manager is usually appointed by a secured creditor under the powers contained in a secured loan or mortgage.

What is the Role of a Receiver? The purpose of the receiver is to preserve property or other assets of the parties subject to litigation in an effort to ensure an equitable outcome for all parties involved.

Court receiverships are not covered in this information sheet. The secured creditor can appoint a receiver because they hold a security interest that allows them to appoint a receiver. The security interest may comprise: a non-circulating security interest (e.g. a security interest in land, plant and equipment)

Receivership, formally known as administrative receivership, is a legal process whereby a receiver is appointed by a floating charge holder such as a bank or other lender. The receiver then "receives" any of the assets of the company that it can liquidate in order to pay back the lender.

The fundamental distinction between receivership and other forms of external administration is that receivers are usually appointed by a secured creditor (such as a bank) for the purpose of ensuring that the secured creditor gets paid.

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.

A receiver is a person appointed by a court to manage a company's affairs. The receiver is authorized to run the company the same way the owner(s) would, and thus, the receiver takes over the duties of the company's owners or managers.

The equitable duty owed by receivers is owed to the mortgagor as a person interested in the equity of redemption and is to take care to obtain the best price reasonably obtainable. It extends to ensuring that reasonable care is taken by any agent or professional adviser employed by the receiver in the sale.

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Rhode Island Agreement between Creditors and Debtor for Appointment of Receiver