There are many benefits to having a court receiver appointed to your case. Selecting the right court receiver with the experience you need to get the job done right is the challenge that affects many individuals whose assets are in dispute. With decades of experience over court receiverships, Kevin Singer: Court Receiver of Receivership Specialists is, in most cases, the best and most qualified court receiver available.
Kevin Singer began his career as a court receiver, court referee, and chapter 11 bankruptcy trustee in 2001 when he and his partner John Rachlin founded Receivership Specialists. With a background in real estate development, real estate sales, property management, construction, and conflict resolution, Kevin Singer has developed a unique skill set that is perfectly suited for managing receiverships.
Whenever parties to a lawsuit are in dispute and assets are in need of protection, a court receiver can be brought in to protect the asset and continue to operate it even when the parties are working out their differences in court.
When the presiding judge puts the business or property into receivership, the court appoints a receiver over in the case to make sure the business or property is protected.
While attorneys representing their clients are typically obligated to advocate zealously on their behalf, a court appointed receiver, like Kevin Singer of Receivership Specialists, is a neutral third party. Appointed by the court, the court receiver doesn’t represent any of the parties to the case. Rather, the court receiver has a duty to the court to ensure that the business or property is protected and/or maintained during the course of the receivership.
The court receiver can do what is in the best interest of the receivership estate without the obligation of having to advocate on behalf a particular party in a case. In other words, the court receiver can do what is in the best interest of the business or property and what is advocated by the court, not necessarily what either of the parties might be trying to get him to do.
It is important to keep in mind that a court receiver like Kevin Singer of Receivership Specialists, is an officer of the court and as such is responsible to the court for protecting, managing, and maintaining, in a fair and just manner, the interests of all parties to the legal action. The court appointed court receiver must fulfill all duties in a manner that is in the best interest of the receivership estate. If a court receiver fails in these duties, the court receiver may be removed from the case. In some cases, the court receiver may be required to post a bond and report back to the court on a regular basis. To date, Kevin Singer of Receivership Specialists has never been removed from a case for any reason.
The idea, or concept, of a court receiver has been around for hundreds of years, since the chancery courts during the time of Queen Elizabeth. The Constitution of the United State of America gave the courts of the early American colonies the same powers to use receivers. Receivers are most commonly appointed over real estate, but they can also be appointed by the court to take control of many different types of businesses including, but not limited to: health and safety issues, environmental issues, family estates, government regulatory matters, and enforcement of court judgments.
In contemporary times, a modern day court receiver, like Kevin Singer of Receivership Specialists, is appointed over countless types of different assets including, but not limited to, real estate, businesses, gas stations, hotels, assisted living facilities, restaurants, bars, liquor licenses, family estates, family trusts, commodities, and construction projects. Kevin Singer has been appointed to more than 233 cases and has transitioned over $800,000,000 in assets.
Only the presiding judge over a case has the ability to appoint a court receiver. While either party to a legal dispute has the right to request the appointment of a court receiver, they must do so by requesting their attorney or legal counsel present moving papers to the presiding judge. Once the motion to appoint a court receiver has been made, the judge has full discretion over who is appointed as court receiver over the case.
As an officer of the court, the court receiver is obligated to do what is in the best interest of the receivership estate. That may include a variety of tasks that are often performed by attorneys. Since the court receiver does not have a client per se, the court receiver is free to make motions, appear before the court, and perform other actions in a similar manner as an attorney. Many attorneys, in fact, are court receivers. However, not all court receivers are attorneys. Nor do they need to be. As stated before, because a court receiver represents the court and does not, in fact, have a client, they do not need to be attorneys.
In many cases, it is more important that a court receiver have specific expertise needed to keep a business running than that they have the specific legal knowledge or experience of an attorney. Many receivers and receivership companies like Kevin Singer of Receivership Specialists, have certain areas of expertise and focus on receiverships in those areas.
Kevin Singer and his qualified team of attorneys, project managers, accountants, and support staff at Receivership Specialists have decades of experience in a variety of diverse fields in business and real estate real estate sales, management, code compliance, and construction; business management and business sales, and various other areas of fiduciary protection of assets and conflict resolution.
For more information about having Kevin Singer of Receivership Specialists appointed as receiver in a matter you are dealing with, please have you or your attorney contact us directly at 323.864.4214.