West Virginia Agreement between Creditors and Debtor for Appointment of Receiver

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Multi-State
Control #:
US-03283BG
Format:
Word; 
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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

A receiver may be appointed by the court, by a charge-holder with a suitable clause in their security or under the provisions of a statute, for example the Law of property Act 1925. The most common types of receiver are administrative receiver (see paragraph 56.2.

By section 176 of the Code of Civil Procedure, "When a corporation has been dissolved, or is insolvent, or is in imminent danger of insolvency, or has forfeited its corporate right, the Court of First Instance of the province where the corporation has its principal place of business may, on complaint of a creditor of

A Receiver can be appointed by a secured creditor or by Order of a Court. Receiverships can occur in respect of companies, trusts or partnerships. However, corporate receiverships are the most common form of receivership.

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 is a named individual who may take possession of property for its protection or realisation. A receiver may be appointed by the court, by a charge-holder with a suitable clause in their security or under the provisions of a statute, for example the Law of property Act 1925.

(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

In most cases a receiver's primary function will be to market and sell the property and given that this affects other interested parties (charge holders) it follows that there is a duty to obtain a reasonable and proper price for that asset. If a receiver decides to carry on a certain business he must do so profitably.

The court should appoint a receiver only when there is a possibility of wrong or injury. Also, if it is shown that the subject matter is not in the possession of any of the parties and it is in the common interest of both the parties to appoint a receiver for the protection and preservation of the property.

Principles governing appointment of receiver: The appointment of receiver is discretionary with the court. It is protective relief. The object is preservation of the property is dispute pending judicial determination of the right of the parties to it.

A receivership is a court-appointed tool that can assist creditors to recover funds in default and can help troubled companies avoid bankruptcy. Having a receivership in place makes it easier for a lender to recover funds that are owed to them if a borrower defaults on a loan.

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West Virginia Agreement between Creditors and Debtor for Appointment of Receiver