Fall 2003 • Issue 11, page 6

Can a receiver be appointed at the request of a secured creditor holding a lien on accounts receivables for the limited purpose of collecting the receivables?

By Davidson, Peter*

Q.: Can a receiver be appointed at the request of a secured creditor holding a lien on accounts receivable for the limited purpose of collecting the receivables?

A: C.C.P. §564(b)(9) may support an action for specific performance of the provisions of loan documents, by way of a receivership. In addition, a receiver may be appointed to enforce a judgment (C.C.P. §564(b)(3)) and to collect a debt. (C.C.P. §568). However, many judges will not appoint receivers for these purposes without other specific showings, such as there is no other available remedy or the assets are being converted, transferred out of state, or secreted. In other words, "know your judge".

*PETER A. DAVIDSON, with Rein Evans & Sestanovich LLP located in Los Angeles, is a receiver and an attorney who specializes in representing receivers in state and federal court.