Program Overview

Code of Civil Procedure §568.2; Applicability of division
(Bulk Sales) §6103

Executions and Judicial Sales – Chapter 127, §2001 to 2007; Chapter 28, §754 to 756 – Receivers of Property in Different Districts

Notice of Motion and Motion for Order Authorizing the Receiver to sell assets…settle claims…confirm rejection of leases…

Authority of Sale of Assets.

Order approving temporary receiver’s initial status report and receiver’s second status report as modified; Maintaining asset freeze as to defendant cloud…

Notes for Sale of Personal Property and Real Property

Arguments For and Against “First Priority” Liens For Health & Safety Code Receiver’s Certificates

Summary of Health & Safety Code Legislation

Receiver’s Certificate Points and Authorities Outline

Motion For Receiver’s Authority to Borrow Funds Secured By Receiver’s Certificates; Memorandum of Points and Authorities.

Proposed Order

Proposed Receiver’s Certificate (with proposed “enforcement” clauses)

Program Summary with hypothetical scenarios

Assignments for the Benefit of Creditors: Their Uses and Advantages

Code of Civil Procedure: Obligations - §2938; Division 3, Part 4:
Obligations arising from Particular Transactions

Code of Civil Procedure: Civil Actions - §697.530; Enforcement of Judgments

Sample Order for Appointment of Receiver, and Preliminary Injunction in Aid of the Receiver

A Hypothetical for a Provisional Director

Overview of Applicable Law – Provisional Directors Contrasted with
Receivers

Sample Pleading and Order – Petition For Appointment of Provisional Director (Corp. Code, Section 308 (a), (b), (c));
Supplemental Order Re: Appointment of Individual as Provisional Director

Biographies of Program Participants

Application to Employ Real Estate Broker and to Enter Into An Exclusive
Listing Agreement

• Statement of Disinterestedness For Employment of Professional
  Person under F.R.B.P. 2014

• Comments of the United States Trustee

• Residential Listing Agreement

• Addendum to Exclusive Authorization and Right To Sale

• Agents Resumes

• Notice of Application To Employ Real Estate Broker and To Enter Into An Exclusive Listing Agreement

• Outline: Sale of Real Estate and Personal Assets in Bankruptcy

• CPA Analysis of Sale of Real Estate in Bankruptcy

• General Litigation Bulletin No. 415, April, 1995
  Section 1.1398-3 Treatment of Section 121 Exclusion in Individuals’ Title 11 Cases

• Real Estate Withholding Guidelines

• California Tax Forms – Form 593-W and Instructions for Non-Individual Sellers Only

Escrow Documents: Joint Purchase Agreement and Escrow Instructions

• Addendum to Purchase Agreement

• Addendum to Listing Agreement

• (Proposed) Order Authorizing Receiver To Sell Property

Real Estate Sales Disclosure Chart

• Sample – Probate Purchase Agreement and Joint Escrow
  Instructions

• Sample – Buyer’s Inspection Advisory

• Sample – Probate Listing Agreement

• Sample – Probate Advisory

Sale of Real Property in Probate – Outline

• Probate Listing Agreement

• Probate Advisory

• Probate Escrow Instructions

• Probate Advisory/Buyer’s Inspection Advisory

• Report of Sale and Petition For Order Confirming Sale
  of Real Property

An Order

• Issuing a temporary restraining order (A) to freeze the assets of the
  company defendants and (B) to prohibit the defendants from destroying documents

• Appointing a temporary receiver

• Issuing an order to show cause why (A) a preliminary injunction should not be issued and (B) a permanent receiver should not be confirmed

• Setting service and briefing schedule

Handout materials by Shel-lee Davidson

Panelists:
Commissioner Bruce Mitchell
David A. Gill
Alan M. Mirman - Moderator
Peter A. Davidson – Moderator

Hypothetical
Personal Liability of Receivers by David A. Gill

Moderator: Matthew Taylor, Attorney

Handouts:

• California Code of Civil Procedure sections 564-570

• California Rules of Court 1900-1908

• California Health and Safety Code sections 17980 to 17992

• 3 Sample “Rents and Profits” Receivership Orders

• 4 Sample “Business” Receivership Orders

• 2 Sample “Post Judgment” Receivership Orders

• 1 Sample “Health and Safety Code” Receivership Order

• 2 Sample Motions for Appointment of a Receiver

• Sample Discharge Order

• Articles by Panel Members

  • “Court-Appointed Receivers: a Viable ‘Long Bomb’ Option Against
    Substandard Housing” by Mark Easter and Kevin Collins

  • “Judicial Receiverships: Spending Money to Save Money”
    by Steven Speier and Deborah Nooney

Moderator:
David J. Pasternak, Pasternak Pasternak & Patton

Biographies

Application for Appointment of Receiver

Reply Memorandum of Points and Authorities re Application for
Appointment of Receiver

Order Appointing Special Master

Stipulated Order Appointing Provisional Director

Minute Order Appointing Receiver

Order Appointing Receiver

Moderator: Michael Wachtell, Buchalter Nemer

Receivers of Property in Different Districts

Supplemental Jurisdiction

Sales of Realty Generally

Order Granting Petition for Appointment of Ancillary Receiver

• Securities and Exchange Commission Case

Enforcing Receivership Orders in Foreign Jurisdiction

Moderator: David Pasternak, Pasternak, Pasternak & Patton

Applicable California Laws

Sample Motion for Appointment of Receiver

Sample Order Appointing Receiver

Sample Final Receiver’s Final Report and Account

Unpublished California Court of Appeal Decisions