Massachusetts Receivers, Special Masters, and Other Court-Appointed Fiduciaries
A roadmap for expanding your practice
- Product Number: 2236740WFM
- Publication Date: 11/21/2023
- Edition: 1st Edition 2023
- Copyright: © 2023 MCLE, Inc.
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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.
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Table of Contents
Table of Contents
expand allChapter 01 expandScope of the Book
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Chapter 02 expandDefinition of “Receiver”
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Chapter 03 expandHistoric Origins
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Chapter 04 expandUses and Purposes
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Chapter 05 expandJurisdiction to Appoint Receiver
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Chapter 06 expandStatutory and Equitable Grounds for Appointment of a Receiver
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Chapter 07 expandPetition to Appoint Receiver
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Chapter 08 expandForm of Order Appointing Receiver
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Chapter 09 expandSelection of Receiver
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Chapter 10 expandReceiver’s Bond
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Chapter 11 expandIntervention
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Chapter 12 expandPowers and Duties
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Chapter 13 expandSale of Assets: Methods and Mechanics
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Chapter 14 expandAction for Contempt
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Chapter 15 expandLiability of Receiver
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Chapter 16 expandAncillary Receivers
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Chapter 17 expandInstitutional Receiverships
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Chapter 18 expandCompensation of Receiver
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Chapter 19 expandDistribution of Receivership Estate
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Chapter 20 expandConcluding the Receivership
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Chapter 21 expandAppeals
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Chapter 22 expandComprehensive Receivership Statutes
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AppendixAppendix
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Appendix A
- Petition for Appointment Buy FormAppendix B
- Order of Appointment Buy FormAppendix C
- Receiver’s Bond Buy FormAppendix D
- Request for Instructions and Other Motions Buy FormAppendix E
- Asset Sales Buy FormAppendix F
- Liquidation Plan Buy FormAppendix G
- Action Initiated by Receiver Buy FormAppendix H
- Ancillary Receivership Buy FormAppendix I
- Complaint for Contempt Buy FormAppendix J
- Compensation of Receiver Buy FormAppendix K
- Receiver’s Report Buy FormAppendix L
- Conclusion of Receivership Buy FormAppendix M
- Model Order Appointing Receiver Buy Form - Editors & Authors