Virgin Islands Agreement between Creditors and Debtor for Appointment of Receiver

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

A liquidator or an official receiver manages the entire liquidation process. He or she is appointed when a company goes into liquidation or is wound up by the Court in a compulsory liquidation process, which is brought about by a disgruntled creditor.

The receiver is a neutral, legally-appointed professional who is entrusted to manage a company's operations, finances, and property in the event that they default on their loan payments. The main goals of receivership are to: Repay debts to creditors. Negotiate with creditors to secure lower interest rates.

A receiver's powers generally include taking legal control of and protecting assets, filing claims on behalf of an entity placed into a receivership, and, ultimately, distributing assets to defrauded investors, claimants or creditors through a court-approved plan.

A company goes into receivership when an independent and suitably qualified person (the receiver) is appointed by a secured creditor or the court and is tasked with taking control of some or all of the company's assets in order to protect the interests of the appointing creditor.

The general roles of a receiver includes (1) to hold, manage and operate businesses, real properties and other forms of income producing assets, and (2) to cause the sale of the parties' assets to realize cash.

Yes, according to (Order 40 rule 5), a collector can be appointed as a receiver if the revenue generated from the property is received by the government, the court can appoint a collector as a receiver with his consent if the court thinks that management of such property by collector will promote the interests of those

Receivers are paid by the company in receivership. Receivers take their fees from the money that is raised when they sell the company's charged assets or trade its business. Receivers negotiate their fees with the secured creditor before they're appointed. Unsecured creditors have no input into the receiver's fees.

To qualify as a receiver a candidate must be a citizen and qualified voter of Texas at the time of the appointment. A candidate must not be a party, attorney, or other person interested in the action in which the receiver is sought.

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Virgin Islands Agreement between Creditors and Debtor for Appointment of Receiver