Utah Appointment of a Receiver

State:
Multi-State
Control #:
US-L07057
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PDF; 
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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.


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FAQ

Hear this out loud PauseA receiver is a person appointed by a court, government regulator, or private entity to manage debt consolidation for a company. When a receiver is appointed, a company is said to be "in receivership." Receivership is an alternative to bankruptcy.

Receiver. n. 1) a neutral person (often a professional trustee) appointed by a judge to take charge of the property and business of one of the parties to a lawsuit and receive his/her rents and profits while the right to the moneys has not been finally decided.

Hear this out loud PauseIn summary the definitions are as follows: RECEIVER ? A person who receives rent or other income from an asset and may convert the asset into cash by sale but does not buy assets or generally manage the business. RECEIVER & MANAGER ? As well as receiving income and paying expenses, can also buy or sell assets.

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 appointed to take possession of and sell or liquidate the assets secured by a security agreement in order to repay outstanding debt. In a receivership, a secured creditor or the court may also appoint a receiver-manager to operate and manage the business until it is sold as a going concern.

Hear this out loud PauseObligations to creditors The only obligation that a receiver has to an unsecured creditor (except employees) is to take reasonable care to sell any assets of the company for not less than market value, or the best price reasonably obtainable.

Hear this out loud PauseWhat are the main differences? Administration's primary goal is to help the company pay off their debts, thus avoiding entering liquidation ? at least in the first instance. Receivership works to realise the assets of a company, to maximise the benefit for the secured creditors.

Generally fees are paid on a monthly basis directly from the proceeds of the property after proper notice to all parties. However, the court retains jurisdiction to approve all fees paid and reserves the right to deny certain improper fees, requiring a receiver return such fees.

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Utah Appointment of a Receiver