Unlike in federal bankruptcy, where the path is well-worn, selling assets ‘free and clear’ in a state court receivership can feel like forging your way through a legal thicket.

Receiverships can be an alternative to bankruptcy, offering more flexibility and potentially quicker resolutions.

When a federal court appoints a receiver, it initiates a complex process that sits at the intersection of litigation, forensic accounting, and equitable justice.

When a business or individual faces financial turmoil or regulatory scrutiny, a court may appoint a receiver to take control of assets and oversee operations.

Federal equity receiverships are crucial mechanisms for addressing insolvency, fraud, and mismanagement in businesses.

Another State Eases Access to Banking Services Pending a Federal Solution On July 6, 2023, Missouri Governor Michael L. Parson signed into law Senate Bill 187 (S.B. 187), also known as the Commercial Financing Disclosure Act. This legislation continues the trend at the state level to ease access to capital for cannabis-related businesses. S.B. 187, and legislation like it, come to the benefit of court-appointed cannabis receivers as well, given their efforts to streamline financing within the industry. This all comes as particularly welcome news, given the rise in cannabis […]

A Match Made in Heaven? At first blush, cannabis and a legal practice like receivership might seem an unlikely match. Medical and recreational cannabis has steadily grown in acceptance and legalization over the past decade in the United States. However, there are times when cannabis businesses face insolvency and need a legal solution. As of right now, cannabis companies are not eligible for bankruptcy protection. In many cases, the groups they make payments to are also not eligible. This affects not only the companies but also the employees and their […]

This is an important part of the receivership process. We’re focusing on four main points as a part of this discussion, planning ahead, termination vs discharge, final reporting, and a discharge order. Planning Ahead Always looking through your order and statutes to understand what is expected of you to wrap up your case. Make sure you understand all these requirements so that you do not have to scramble or recreate the wheel while you are trying to close out the case. The two best reference points here are your own […]

Learn about the necessary steps needed to get a receiver appointed, including the important details of the motion for the appointment of a receiver.

When looking at a receivership from the perspective of Representing the Defendant there are several factors to take into account.