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Massachusetts Receivers, Special Masters, and Other Court-Appointed Fiduciaries

A roadmap for expanding your practice

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  • Product Number: 2236730WFM
  • Publication Date: 11/21/2023
  • Edition: 1st Edition 2023
  • Copyright: © 2023 MCLE, Inc.
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  • Product Description
  • Table of Contents
  • Editors & Authors
  • Product Description

    Product Description

    An indispensable tool for the lawyer interested in expanding their business, real estate, or environmental practice by becoming a court-appointed fiduciary in commercial matters, this book clearly explains the role of the court-appointed fiduciary, an officer and representative of the court who performs actions necessary to take custody of, preserve, manage, and ultimately, dispose of property. Whether a case involves liquidation of a debtor, recovery of fraudulently transferred assets, a deadlocked corporation, desegregation of a school system—or even review of classified documents possessed by a former United States president—the equitable remedy achieved by a court-appointed fiduciary works can be of critical importance to a case's practical outcome. The book offers a tried-and-true roadmap for lawyers interested in the powers and duties of receivers, otherwise known as special masters, who are appointed by judges to hold, manage, control, or otherwise deal with property involved in contested matters. With experience spanning over three decades, the author shares his perspectives as a court-appointed fiduciary in cases matters involving a spectrum of facts. Let him show you how to ensure that the best and most suitable remedy is designed and implemented, such that the assets involved are managed properly through to the conclusion of your case. This document-rich handbook provides candid guidance on how to obtain a court appointment, how to draft an order tailored to the needs of the case, and how to exercise your powers and duties to keep the administration of the case in line with the client's objectives. The book features an exclusive collection of documents that illustrate the mechanics of receivership in the most practical manner.

  • Table of Contents

    Table of Contents

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    Chapter 01 expand

    Scope of the Book

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    Chapter 02 expand

    Definition of “Receiver”

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    Chapter 03 expand

    Historic Origins

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    Chapter 04 expand

    Uses and Purposes

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    Chapter 05 expand

    Jurisdiction to Appoint Receiver

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    Chapter 06 expand

    Statutory and Equitable Grounds for Appointment of a Receiver

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    Chapter 07 expand

    Petition to Appoint Receiver

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    Chapter 08 expand

    Form of Order Appointing Receiver

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    Chapter 09 expand

    Selection of Receiver

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    Chapter 10 expand

    Receiver’s Bond

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    Chapter 11 expand

    Intervention

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    Chapter 12 expand

    Powers and Duties

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    Chapter 13 expand

    Sale of Assets: Methods and Mechanics

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    Chapter 14 expand

    Action for Contempt

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    Chapter 15 expand

    Liability of Receiver

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    Chapter 16 expand

    Ancillary Receivers

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    Chapter 17 expand

    Institutional Receiverships

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    Chapter 18 expand

    Compensation of Receiver

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    Chapter 19 expand

    Distribution of Receivership Estate

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    Chapter 20 expand

    Concluding the Receivership

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    Chapter 21 expand

    Appeals

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    Chapter 22 expand

    Comprehensive Receivership Statutes

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    Appendix

    Appendix

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    Appendix A

    - Petition for Appointment Buy Form

    Appendix B

    - Order of Appointment Buy Form

    Appendix C

    - Receiver’s Bond Buy Form

    Appendix D

    - Request for Instructions and Other Motions Buy Form

    Appendix E

    - Asset Sales Buy Form

    Appendix F

    - Liquidation Plan Buy Form

    Appendix G

    - Action Initiated by Receiver Buy Form

    Appendix H

    - Ancillary Receivership Buy Form

    Appendix I

    - Complaint for Contempt Buy Form

    Appendix J

    - Compensation of Receiver Buy Form

    Appendix K

    - Receiver’s Report Buy Form

    Appendix L

    - Conclusion of Receivership Buy Form

    Appendix M

    - Model Order Appointing Receiver Buy Form
  • Editors & Authors
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