Appointment of a Receiver: Distressed Businesses, Corporate Dissolution and Liquidation of Assets
May 21, 2020
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.
For nearly a decade, the City of Banning had to endure the challenges brought on by six unfinished commercial buildings spread over 9 acres of land located just off the 10 Freeway. The problem wasn’t necessarily that the buildings were unfinished, but rather that the unfinished buildings had been overrun by transients and squatters taking up residency within these structures resulting in hundreds of violations of State and local laws, numerous fires, hazardous conditions, and an accumulation of garbage and debris. What was once a place of potential future economic growth and development for the City of Banning, had quickly become more than just an eyesore, but a dangerous threat to the health and welfare of the community.
Benefits of Receivership to Commercial Lenders
May 5, 2020
By Neil Sheaffer
By Neil Sheaffer
Health & Safety Receiverships are a valuable tool to reestablish abandoned properties. There are countless vacant lots and abandoned structures across California with no apparent useful purpose. There are just as many countless explanations as to why these commercial and residential properties are abandoned. Abandonment can come at the hands of death (tenant or otherwise), a business or personal relationship gone sour, defunct or bankrupt owners, or simply by owner’s choice. Regardless, the deserted property will likely succumb to disrepair, and as a result, leave behind quite the eyesore for the surrounding community. Beyond the displeasing aesthetic, vacant properties also pose a rather significant danger to the health, safety and welfare of the neighborhood as a whole. Unsecured properties intrinsically create dangers ranging from the deteriorating structure itself to the higher crime rates tied to the vacant property. From a crime perspective, vacant properties often welcome trash dumping, graffiti, vandalism and trespassing. Further, threats arise from overgrown vegetation causing fire-hazards and vermin infestation spreading throughout the neighborhood affecting surrounding residents and businesses. Ultimately, conditions such as these result in neighborhood decline and a drop in surrounding property values. A court-appointed Health & Safety Receiver can provide the remedy abandoned properties and their surrounding neighbors truly need.
By Neil Sheaffer
Categories
- Real Estate (73)
- Court-Appointed Receivership (62)
- Contract Disputes (44)
- Real Estate Transaction (38)
- Real Estate Finance (35)
- Business Litigation (34)
- San Diego (31)
- Tenants' Rights (31)
- Business Owners (30)
- Commercial Leases (29)
- Foreclosure Law (29)
- Enforcing Judgments (28)
- Partition Action (28)
- Partition Referee (28)
- Uncategorized (27)
- Collections Law (26)
- Commercial Properties (24)
- Employment Law (22)
- California (21)
- Hoarding (19)
- Business Formation: Asset Protection (17)
- Construction Law (17)
- Landlord (17)
- Loan Modification (17)
- Tenant (17)
- Employment Class Action (16)
- Consumer Fraud (15)
- Consumer Class Action (14)
- Unlawful Detainer (14)
- Fraud against Senior Citizens (11)
- Attorneys' Fees Clauses (10)
- Trade Secrets (10)
- Employment Discrimination (9)
- business owner (9)
- health & safety (9)
- receivership (9)
- business (8)
- Trademark Law (6)
- abandoned property (6)
- employee (6)
- Eviction (5)
- Health & Safety Code (5)
- Reimbursement of Employee Business Expenses (Labor (5)
- confidentiality agreement (5)
- health and safety code (5)
- healthy & safety receiver (5)
- misappropriation (5)
- receiver (5)
- trade secret (5)
- 3 Day Notice (4)
- 30 Day Notice (4)
- Marijuana Dispensaries (4)
- attorney (4)
- code enforcement (4)
- collection (4)
- creditor (4)
- employer (4)
- fire hazard (4)
- foreclosure (4)
- health and safety (4)
- litigation (4)
- money judgment (4)
- receiverships (4)
- security deposit (4)
- vacant (4)
- 60 Day Notice (3)
- Cannabis (3)
- Health & Safety Code Receiver (3)
- abandoned (3)
- abandoned building (3)
- complaint (3)
- corporation (3)
- debtor (3)
- hoarder (3)
- judgment (3)
- lawsuit (3)
- move out (3)
- new business (3)
- partnership (3)
- partnership agreement (3)
- real estate. california (3)
- real property (3)
- rent (3)
- rental (3)
- san diego county (3)
- slum (3)
- substandard conditions (3)
- tenant rights (3)
- Add new tag (2)
- City of San Diego (2)
- LLC (2)
- UD (2)
- Uniform Trade Secrets Act (2)
- absentee landlord (2)
- business disputes (2)
- business formation (2)
- code enforcement officers (2)
- company (2)
- confidential information (2)
- court-appointed receiver (2)
- debt collection (2)
- deduct (2)
- deed of trust (2)
- dispute (2)
- distressed properties (2)
- entrepreneur (2)
- general partnership (2)
- habitability (2)
- habitability requirements (2)
- health and saftey code (2)
- hoarders (2)
- hoarding support (2)
- hotel (2)
- initial inspection (2)
- judgment creditor (2)
- judgment debtor (2)
- law (2)
- lease term (2)
- mortgage (2)
- promissory note (2)
- property (2)
- property value (2)
- renter (2)
- repair (2)
- right of possession (2)
- san diego real estate (2)
- slumlord (2)
- small business (2)
- small claims (2)
- sublease (2)
- tenancy (2)
- warranty of habitability (2)
- wear and tear (2)
- workers compensation (2)
- 1099 (1)
- Animal Hoarding (1)
- California Civil Code Section 3426 (1)
- California Civil Code Section 3426.1 (1)
- City of Chula Vista (1)
- Civ. Code (1)
- Civil Code Section 3426.1(d) (1)
- DOJ (1)
- GP (1)
- Health and Safety Receivership Process (1)
- Health and Safety receivership (1)
- Inc. (1)
- Jessica Pineda v. Williams-Sonoma Stores (1)
- LLP (1)
- Song-Beverly Credit Card Act of 1971 (1)
- The Health and Safety Receivership Process (1)
- The Uniform Trade Secrets Act (1)
- USPTO (1)
- UTSA (1)
- W-2 (1)
- Williams Sonoma (1)
- abstract of judgment (1)
- account levy (1)
- adjustable rate mortgage (1)
- asset (1)
- asset protection (1)
- assignment for the benefit of creditors (1)
- bank garnish (1)
- bank levy (1)
- bankruptcy (1)
- board of directors (1)
- business entity (1)
- business insurance (1)
- california class action (1)
- city attorney (1)
- class action (1)
- cleaning deposit (1)
- client list (1)
- code (1)
- collecting judgment (1)
- commercial insurance (1)
- commercial project (1)
- confidential (1)
- confidentiality (1)
- consumer class action (1)
- consumer protection (1)
- court award (1)
- court order (1)
- covid-19 (1)
- credit card transaction (1)
- debt (1)
- deceased owner (1)
- deduction (1)
- default (1)
- defendant (1)
- demolition (1)
- deutsche bank (1)
- diliberti (1)
- disposable earnings (1)
- divorce judgements (1)
- employee contract (1)
- employee misclassification (1)
- employee tax (1)
- ending tenancy (1)
- entrepreneurs (1)
- family law (1)
- federal (1)
- fictitious business name (1)
- former employer (1)
- governing document (1)
- hiring agreement (1)
- hospitality assets (1)
- human smuggling (1)
- illegal business (1)
- illegal cannabis dispensary (1)
- illegal gambling parlor (1)
- implied warranty (1)
- improper means (1)
- incorporate (1)
- incorporating (1)
- independent contractor (1)
- insurance broker (1)
- inurance (1)
- joseph diliberti (1)
- judgment collection (1)
- judgment lien (1)
- late rent (1)
- lawyer (1)
- lease expiration (1)
- legal (1)
- lender (1)
- levy (1)
- liability insurance (1)
- lien (1)
- limited liability company (1)
- limited liability partnership (1)
- limited partnership (1)
- liquidation (1)
- lodging properties (1)
- lp (1)
- malpractice insurance (1)
- massage parlors (1)
- misuse (1)
- mortgage default (1)
- motel (1)
- move out inspection (1)
- negligent landlord (1)
- new company (1)
- no disclosure (1)
- no use (1)
- non-compete agreement (1)
- non-disclosure (1)
- notice (1)
- occupant relocation (1)
- partial rent (1)
- partnership disputes (1)
- partnership formation (1)
- patent (1)
- personal information (1)
- personal service (1)
- plaintiff (1)
- post-judgment collection (1)
- prejudgment claim to right of possession (1)
- proprietary information (1)
- provisional director (1)
- public safety (1)
- real property lien (1)
- real property receiver (1)
- refund (1)
- relocation (1)
- rental property (1)
- rents and profits (1)
- repair and deduct (1)
- residential zoning laws (1)
- retail center (1)
- retaliatory eviction (1)
- robo-signing (1)
- robosigning (1)
- safety (1)
- san diego employer (1)
- san diego foreclosure (1)
- secretary of state (1)
- self-employment tax (1)
- service (1)
- sex trafficking (1)
- short-term rental (1)
- small claims court (1)
- sober living house (1)
- squatters (1)
- struggling hotels (1)
- substandard hotel (1)
- substitute service (1)
- subtenant (1)
- tenant notice (1)
- tenants rights (1)
- trademark (1)
- trademark infringement (1)
- trademark law (1)
- transactional (1)
- trial (1)
- unlicensed in-home business (1)
- unnamed occupants (1)
- wage garnishment (1)
- weed abatement (1)
- withhold (1)
- withhold security deposit (1)
- writ of execution (1)
- wrongful foreclosure (1)
- zip code class action (1)
- § 1747 (1)
Recent Posts
