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Appointment of a Receiver: Distressed Businesses, Corporate Dissolution and Liquidation of Assets

The coronavirus pandemic has flooded people’s minds with unquestionable doubts and uncertainty. For most, life and work have come to a complete and unexpected halt. The economy has plummeted, forcing countless businesses to temporarily close thus leaving numerous people out of work. For businesses lucky enough to keep their doors open are suffering at the hands of a reduced workload. The pandemic has caused, and continues to cause, distressed business owners and corporate shareholders to restructure and adapt to these challenging times. Big and small companies alike are trying to avert insolvency and utilize various relief options to mitigate the hardships. Unfortunately, we fear that we are still in the beginning stages of these struggles with no definite end in sight, and the somber truth is that while some companies will sustain, many others will not. For those that cannot, a Court-Appointed Receiver can help ease the difficult process of liquidating company assets and restructuring corporate frameworks.

An Option for Struggling California Businesses: Introduction to Assignments for Benefit of Creditors

By Neil Sheaffer It is the unfortunate truth that many businesses in all industries are struggling as we proceed through uncharted economic times. In recent days, both J. Crew and Neiman Marcus filed for Chapter 11 bankruptcy protection, and this is likely only the beginning of a large wave of bankruptcy filings as businesses struggle to find their footing.

Receivership: The Remedy for Failing Cannabis Businesses in California

Cannabis businesses are not eligible for bankruptcy protection due to the federal prohibition against cannabis. Therefore, the receivership remedy is an effective path to address the struggles of a cannabis business. Seeking and obtaining a court-appointed receiver to take control of and operate a distressed cannabis business can be initiated by a lender affected by a failing business loan or a partner in the cannabis business alleging financial mismanagement.

Health and Safety Receivership Remedy for Commercial Properties

Health and Safety Receiverships can successfully remedy substandard commercial properties in California. Substandard commercial properties may be neglected by absentee owners or landlords causing the property to fall into distress or disrepair. Maintenance needs of substandard income-producing commercial properties are often ignored by the owner to maximize profit by minimizing expenses on needed maintenance. A Court-Appointed Health and Safety Receiver can be the solution to protect communities and tenants from substandard commercial properties.

Receivership Remedy for Fire Damaged Properties

Health and Safety Receiverships are utilized for a wide arrange of distressed properties, including fire damaged properties. Fires may ignite outside or inside a property for a number of different reasons. Natural wildfires, electrical hazards, smoking and candles, just to name a few. Sometimes the conditions on the property are already so severe (i.e. hoarding, ill-maintained structures, faulty wiring) that the conditions themselves cause a fire. Other times, a perfectly suited property becomes badly damaged by the flames, heat, smoke and water after a fire. Fire damage causes properties to become structurally unsound and compromised and at a risk of collapsing, making it dangerous for anyone to be onsite. Firefighters may have cut holes in walls looking for hidden flames or may have cut holes in the roof to release heat and smoke. Fires often re-ignite even after appearing to be extinguished. Hazardous materials and structural damage pose serious threats to the health and safety of the occupants and surrounding community.

Health and Safety Receivership Remedy to Protect the Neighborhood

A Health and Safety Receivership is a legal remedy to combat neighborhood blight and transform problematic properties back into safe and habitable structures. A house or building within a community may be deteriorating due to various reasons ranging from severe hoarding, contaminated or unsafe living environments, or owner abandonment. Deteriorating properties are usually produced because no responsible party is willing or able to address the problems on the property. Whether due to an uncooperative property owner, quarreling heirs, disputes regarding title, or an owner that cannot be located, the structure or dwelling is poorly maintained making it an eyesore and hazard to the community. When a property is in severe disrepair and a danger to its tenants or neighboring residents, the property will affect the entire neighborhood.

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