Mecklenburg North Carolina Appointment of a Receiver

State:
Multi-State
County:
Mecklenburg
Control #:
US-L07057
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Word; 
PDF; 
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Description

This is an order for the appointment of a receiver. In an instance where the appointment of a receiver is necessary, this decision and order directs the receiver to reduce to cash any and all asssets where possible, and to file with the clerk a list of all assets and their disposition.


In Mecklenburg County, North Carolina, the process of appointing a receiver is a legal mechanism used in various situations to protect the rights and interests of parties involved. A receiver is an impartial third-party with the authority to take possession, control, and manage certain assets or properties on behalf of a plaintiff or creditor. This appointment can happen in different scenarios, including: 1. Mortgage Foreclosures: In cases of default on a mortgage loan, where a debtor is unable to repay the loan, a receiver may be appointed by the court to assume control of the property securing the loan. The receiver's responsibility is to manage and protect the property until the foreclosure process is complete. 2. Business Dissolution or Bankruptcy: When a business entity in Mecklenburg County faces liquidation or bankruptcy, a receiver can be appointed to oversee the closure process. This involves collecting and distributing assets, paying off debts, and ensuring a fair distribution among creditors as per the established priorities. 3. Partnership Disputes: In situations where partners in a jointly owned property or business cannot agree on its management or in cases of a partnership dissolution, a receiver can be appointed by the court to manage the property or business until a resolution is reached or a fair distribution is determined. 4. Other Legal Disputes: A receiver can also be appointed in Mecklenburg County for various other reasons, such as enforcing court judgments, preserving assets during litigation, securing the property pending a legal decision, or even overseeing the operations of a troubled company to ensure efficient management during a legal dispute. In summary, the appointment of a receiver in Mecklenburg County, North Carolina, occurs in different situations, including mortgage foreclosures, business dissolution or bankruptcy, partnership disputes, and other legal disputes. The receiver's role is to take control of the assets or property involved, diligently manage them, and act in the best interests of the parties or creditors involved to protect their rights and ensure a fair resolution.

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FAQ

A receiver may be appointed under a fixed charge, a floating charge or under a combined fixed and floating charge. In contrast to a court-appointed receiver, he is appointed out of court by a deed made by the chargee who is the secured lender under the charge.

Both positions of receiver and manager within a company are generally appointed by a secured creditor through powers contained in a mortgage or loan. A company receiver and manager is usually appointed by a secured creditor under the powers contained in a secured loan or mortgage.

A company goes into receivership when an independent and suitably qualified person (the receiver) is appointed by a secured creditor or the court and is tasked with taking control of some or all of the company's assets in order to protect the interests of the appointing creditor.

Receiver's Power: Enter into possession and take control of property. Lease, let on hire or dispose of property. Borrow money. Use the company seal. Convert property into money. Execute any document, bring or defend any proceedings or do any other act or thing in the name of and on behalf of the company.

A Receiver is an officer appointed by the Court who is given custody of specified assets with direction to liquidate them and distribute the proceeds. A Court order is typically required to appoint a Receiver, and the terms of the order describe the Receiver's duties and powers.

The Receiver is appointed to take possession of and sell or liquidate the assets secured by the security agreement in order to repay the outstanding debt. In a Receivership, a secured creditor or the Court may also appoint a Receiver-Manager to operate and manage the business until it is sold as a going concern.

A receiver is a court-appointed officer who acts as a neutral to manage assets (real property or personal property) or even manage businesses as going concerns when they are the subject of a legal dispute. A receiver can also be appointed to act as a liquidator of such assets or businesses.

1) What is a court-appointed receiver? A court appoints a receiver to protect property controlled by a person sued in a court case. The SEC typically recommends the appointment of a receiver in cases in which the SEC fears a company or an individual may dissipate or waste corporate property and assets.

The purpose of the receiver is to preserve property or other assets of the parties subject to litigation in an effort to ensure an equitable outcome for all parties involved.

Receivers seek to realize and secure assets and manage affairs to pay debts. For businesses, receivers seek to maximize profits and asset value, and either terminate operations or sell all or part of the company. When a receiver is appointed, a company is said to be "in receivership."

More info

Enrollment A year round, on the job training program for in school and out of school youth, ages 14. 21. Agency Name: Fill My Cup!Most of the inmates in the Mecklenburg County Jail have already been sentenced. (b) Under Subsection (a)(1), (2), or (3), the receiver may be appointed on the application of the plaintiff in the action or another party. Address: DSS Main Office 301 Billingsley Road, Charlotte, NC 28211 West Charlotte (Community Resource Center) 3205 Freedom Drive, Charlotte, NC 28208 P.O.. Recruiting MCB and MBF Committee Members! Click Here to fill out the interest form. After pay, you can make an appointment with the organizer, and enjoy the experience. Please fill out the required fields. North Mecklenburg 61.

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Mecklenburg North Carolina Appointment of a Receiver