Travis Texas Agreement between Creditors and Debtor for Appointment of Receiver

State:
Multi-State
County:
Travis
Control #:
US-03283BG
Format:
Word; 
Rich Text
Instant download

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

In Texas, certain assets are protected from seizure in a judgment, including your primary homestead, personal property up to a specified value, and retirement accounts under specific conditions. This protection is designed to ensure that individuals can maintain a basic standard of living, even when involved in financial disputes. Understanding these protections is crucial when navigating the Travis Texas Agreement between Creditors and Debtor for Appointment of Receiver. It offers a sense of security knowing that some assets remain intact despite legal challenges.

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 and manager is an independent, qualified outsider appointed over a company during a receivership to perform two tasks: Take control of some or all of the company's assets (also known as the security interest) Take control of the company itself.

In reversing, the court of appeal cited to a number of probate cases which held that a court appointed fiduciary may be surcharged for failure to pay taxes in operating the business of an estate. It also noted that under federal law a receiver is personally liable to the extent he pays other creditors when there are

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.

There are many situations in which a Receiver might be appointed to an individual's assets. A secured creditor will invariably have the power under the security documents to appoint a receiver to take control of the secured assets.

(a) A court of competent jurisdiction may appoint a receiver: (1) in an action by a vendor to vacate a fraudulent purchase of property; (2) in an action by a creditor to subject any property or fund to his claim; (3) in an action between partners or others jointly owning or interested in any property or fund; (4) in an

The appointment of a Receiver is made either privately, usually by a Bank, or by the Court. A Receiver can be appointed even if the company and its directors are opposed to the appointment. In contrast, a Voluntary Administration is initiated by a director with a view to saving a business or company.

The only real difference between a receiver and a receiver and manager lies in the extent of their powers. Under General Law it is when the appointee, whether court-appointed or appointed under instrument, is given a power to manage the business of the company that the appointee is called a "receiver and manager".

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Travis Texas Agreement between Creditors and Debtor for Appointment of Receiver