Receiver in the United States

Receiver Definition

One who receives money to the use of another to render an account. Story, Eq. Jur. § 446. A person standing indifferent between the parties, who is appointed by the court to take the charge and management of property pending litigation, or for the benefit of the persons who may ultimately be entitled to it. 16 Wend. (N. Y.) 421; 80 111. 468. Receivers are appointed in various proceedings and for various special purposes, but the general design of a receiver is to hold and protect the subject of litigation, whether it be specific property, or the assets of an insolvent. of Lancaster. An officer of the duchy court, who collects all the revenues, fines, forfeitures, and assessments within the duchy. (This definition of Receiver is based on The Cyclopedic Law Dictionary). For a meaning of it, read Receiver in the Legal Dictionary here.

Practical Information

In real estate, a court appointed custodian who holds property for the court and attends to the details of management pending final disposition of the matter before the court. While the receiver holds the property, no person can proceed against it without the consent of the court. Thus a receivership effectively prevents the dissipation of property through haphazard seizures.

The receiver appointed by the court in which the proceeding is instituted has jurisdiction (in U.S. law) only within the territorial limits of the court as prescribed by law. An ancillary (in U.S. law) receiver is one appointed in a foreign jurisdiction for the purpose of taking charge of the assets in the jurisdiction where he or she is appointed.

A mortgage (in U.S. law) may provide that the holder of the mortgage is entitled to the appointment of a receiver in any action for foreclosure (in U.S. law) on the mortgage. See also default (in U.S. law).

(Revised by Ann De Vries, 1982)

Corporate Receiver’ Sales

This section covers the following:

  • Governing rules and procedures
  • Authority to sell assets
  • Terms of sale
  • Purchasers—Rights
  • Purchasers —Liabilities
  • Purchasers —Directors, ocers, shareholders, and receivers
  • Purchasers —Default
  • Sales free and clear of liens
  • Conrmation of sale
  • Vacating and setting aside sale
  • Expenses of sale
  • Redemption

Accounting and Report of the Corporate Receiver

This section covers the following:

  • Accounting requirements—Court ordered accounting
  • Accounting requirements —Statutory requirements
  • Accounting requirements —Right to compel
  • Accounting requirements —Termination of receivership
  • Accounting requirements —Expenses and losses
  • Accounting requirements —Objections to nal accounting
  • Accounting requirements —Appeals from nal accounting
  • Reporting requirements

Receiver in Foreign Legal Encyclopedias

For starting research in the law of a foreign country:

Link Description
Receiver Receiver in the World Legal Encyclopedia.
Receiver Receiver in the European Legal Encyclopedia.
Receiver Receiver in the Asian Legal Encyclopedia.
Receiver Receiver in the UK Legal Encyclopedia.
Receiver Receiver in the Australian Legal Encyclopedia.

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Receiver: Open and Free Legal Research of US Law

Federal Primary Materials

The U.S. federal government system consists of executive, legislative, and judicial branches, each of which creates information that can be the subject of legal research about Receiver. This part provides references, in relation to Receiver, to the legislative process, the federal judiciary, and the primary sources of federal law (cases, statutes, and regulations).

Federal primary materials about Receiver by content types:

Laws and Regulations

US Constitution
Federal Statutory Codes and Legislation

Federal Case Law and Court Materials

U.S. Courts of Appeals
United States courts of appeals, inclouding bankruptcy courts and bankcruptcy appellate panels:

Federal Administrative Materials and Resources

Presidential Materials

Materials that emanate from the President’s lawmaking function include executive orders for officers in departments and agencies and proclamations for announcing ceremonial or commemorative policies. Presidential materials available include:

Executive Materials

Federal Legislative History Materials

Legislative history traces the legislative process of a particular bill (about Receiver and other subjects) for the main purpose of determining the legislators’ intent behind the enactment of a law to explain or clarify ambiguities in the language or the perceived meaning of that law (about Receiver or other topics), or locating the current status of a bill and monitoring its progress.

State Administrative Materials and Resources

State regulations are rules and procedures promulgated by state agencies (which may apply to Receiver and other topics); they are a binding source of law. In addition to promulgating regulations, state administrative boards and agencies often have judicial or quasi-judicial authority and may issue administrative decisions affecting Receiver. Finding these decisions can be challenging. In many cases, researchers about Receiver should check state agency web sites for their regulations, decisions, forms, and other information of interest.

State rules and regulations are found in codes of regulations and administrative codes (official compilation of all rules and regulations, organized by subject matter). Search here:

State opinions of the Attorney General (official written advisory opinions on issues of state law related to Receiver when formerly requested by a designated government officer):

Tools and Forms

Law in Other Regions

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