Receivership is the judicial appointment of a person, otherwise known as the receiver, to maintain and manage assets in order to distribute those same assets according to judiciary law. It represents a middle stage, or temporary preservation of assets until a decision is reached or made on the correct distribution of said assets or property, even if ultimately it leads to the liquidation of said assets and distribution to the selected individuals. Our Dallas receivership attorneys can advise you on a wide range of legal matters, including land purchases, home purchases, deeds of trust, land purchase agreements, and other commercial transactions involving land.
Receivership is crucial and essential to the efficiency and transparency of the distribution of assets to entitled individuals. They assist creditors in dealing with funds, assist with the avoidance of bankruptcy of companies, as well as assist lenders in recovering funds when a borrower defaults on a loan. There is no set time period for this position, which can range either from a series of weeks to a worst-case scenario multiple years or until the situation that calls for the necessity of receivership has ended. We have handled litigation for estates on issues encompassing diverse areas of the law, including fraud, constructive trusts, fraudulent transfers, fidelity bonds, disgorgement orders, and others.
Among other things, our Dallas receivership lawyers provide comprehensive services that can help you in the following areas of receivership law:
Our Dallas property lawyers advise individuals, small businesses, entrepreneurs, and real estate companies. We have extensive experience in receivership management, liquidation of business, and trust assets. Upon request by creditors, as authorized by the courts, a receivership may serve as a more equitable resolution than a bankruptcy alone. Our Dallas receivership attorneys work to maximize the value of your business assets. We organize and maintain business operations during the sale and distribution of such assets for you.
A Turnover Receiver is appointed by a court and can recover non-exempt assets that are often hidden from a sheriff or constables like stock certificates, accounts receivable and rental income. A turnover receiver can take control of bank accounts, and other intangible assets, such as domain names, contract rights, and ownership in a business. The primary purpose of the Texas Turnover Statute is to assist a judgment creditor in obtaining complete and timely satisfaction with its judgment.
(a) A judgment creditor is entitled to aid from a court of appropriate jurisdiction, including a justice court, through injunction or other means in order to reach the property to obtain satisfaction on the judgment if the judgment debtor owns the property, including present or future rights to the property, that is not exempt from attachment, execution, or seizure for the satisfaction of liabilities.
(b) The court may:
(1) order the judgment debtor to turn over non-exempt property that is in the debtor's possession or is subject to the debtor's control, together with all documents or records related to the property, to a designated sheriff or constable for execution;
(2) otherwise apply the property to the satisfaction of the judgment; or
(3) appoint a receiver with authority to take possession of the non-exempt property, sell it, and pay the proceeds to the judgment creditor to the extent required to satisfy the judgment.
(c) The court may enforce the order by contempt proceedings or by other appropriate means in the event of refusal or disobedience.
(d) The judgment creditor may move for the court's assistance under this section in the same proceeding in which the judgment is rendered or in an independent proceeding.
(e) The judgment creditor is entitled to recover reasonable costs, including attorney's fees.
(f) A court may not enter or enforce an order under this section that requires the turnover of the proceeds of, or the disbursement of, property exempt under any statute, including Section 42.0021, Property Code. This subsection does not apply to the enforcement of a child support obligation or a judgment for past-due child support.
(g) With respect to turnover of property held by a financial institution in the name of or on behalf of the judgment debtor as customer of the financial institution, the rights of a receiver appointed under subsection (b)(3) do not attach until the financial institution receives service of a certified copy of the order of receivership in the manner specified by Section 59.008, Finance Code.
(h) A court may enter or enforce an order under this section that requires the turnover of non-exempt property without identifying in the order the specific property subject to turnover.
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