What is a Receivership?

Is your debtor claiming that their assets are under a receivership?

Although less common than bankruptcy, you may encounter situations where your debtor’s assets are under receivership. A receivership is set up to protect a debtor’s assets for a specific purpose, such as during the course of a foreclosure. The creditor may ask the court to appoint a receiver to protect its interest in the debtor’s assets (for example, in a foreclosure, the assets would include the land, buildings, fixtures, etc.) until the action is resolved.

In appointing a receiver, the court accepts the creditor’s argument that the debtor can’t be trusted to preserve and maintain the value of its assets until the legal proceedings are over. The court then appoints an independent person, the “receiver,” to receive the debtor’s assets on behalf of the court and to exercise possession and control of the assets until the court ends the receivership.

Learn more in our latest article.

Struggling to Collect Debt in Michigan?

Are you struggling with an uncommunicative debtor?

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