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How Do I Obtain a Receiver on the Business My Partner is Ruining?

When can I obtain a receiver?

Once you have filed a lawsuit against your partner, you may request a receivership appointment anytime during the lawsuit.

Who can be a receiver?

Anyone can be appointed as a receiver, except:

•  An attorney of a party •  An interested person •  A relative of the judge

What are my options?

When seeking a receiver, you have two options: 1.  File an Ex Parte Motion

for immediate relief 2.  File any other Noticed

Motion for appointment

Ex Parte Motion

•  Notice given day before •  You must post a bond •  If denied, you can:

-Set hearing to appoint receiver -Request order shortening time -Request a TRO

If the business will suffer immediate and irreparable injury without a receiver, an Ex Parte Motion may be the best option

Noticed Motion

•  Notice of any other Motion must be given at least 16 days prior to the hearing and allow 5 days for mailing (21 days)

•  If there is no irreparable injury to the business, your only

option is to proceed with a Noticed Motion

The Court Order

•  The court has the power to appoint a receiver •  You may request that the court give specific

instructions or orders to the receiver

The Effect Pros

•  Receivers can provide management services that the other partner should be providing, but is not

•  Receivers can maintain

the state of the business until the lawsuit is over

Cons

•  Receivers are expensive •  Receivers are usually

paid for by the plaintiff or the partnership

Contact us today for immediate help

www.bc-llp.com 888.809.1235

Paula Reno at preno@bc-llp.com Gina Michel at gmichel@bc-llp.com