3.0 CLE credits: 2.0 Areas of Professional Practice, 1.0 Skills (appropriate for all attorneys)

This program will explain the procedures for obtaining the appointment of a receiver in New York State Court, and the receiver’s powers and duties. It is also important for individuals interested in receiving training to serve as court-appointed receivers. Attorneys working in a practice area in which the appointment of a receiver may be necessary or helpful; provisional remedy, such as mortgage foreclosures, creditors’ enforcement actions and corporate dissolutions, will also find this useful. This program will provide an overview of the types of situations in which a receiver is available and will provide instruction on applying for and obtaining a receiver, and will also discuss the compensation, duties, and powers of a receiver in various contexts.

9:00  – Welcome & Introduction, Overview of Training
Speaker: Raymond L. Fink, Esq., Lippes Mathias LLP
1. Substantive and procedural law of receivership
2. Understanding receivership as a Part 36 appointment

9:10 – Part 36 of the Rules of the Chief Judge
Speaker: Hon. Emilio Colaiacovo, NYS Supreme Court
1. Overview of Part 36 Rules & List Enrollment
2. Receiver Appointment Process and Forms
3. Secondary appointments and procedure for appointment

•  Counsel
• Property manager
• Other secondary appointees

9:45 – Receiverships: Substantive Issues
Speaker: TBA
1. Purpose of receivership
2. Mortgage foreclosure receivership
3. Other real estate receiverships (L& T issues)
4. Other receiverships

• Corporate/partnership dissolution
• Receiver of a business
• Not-for-profit corporation

10:25 – Break

10:40 – Receiverships: Procedural Issues
Speaker: Hon. Timothy J. Walker, NY S Supreme Court
1. Motion for appointment of receiver
2. Order appointing receiver
3. Bond
4. Accounts and judicial settlement of accounts
5. Termination of receivership by removal or discharge

• Removal: motion, hearing, surcharge, order
• Discharge: motion, order

11:10 – Compensation and Misc. Issues
William F. Savino, Esq., Woods Oviatt Gilman LLP
1. Commissions (CPLR 8004 [a]): case law discussion
2. Disbursements and extraordinary expenses
3. Allowance where funds depleted (CPLR 8004 [b])
4. Insurance (liability, property, etc.)
5. Liability
6. Accounts and FDIC coverage
7. Taxes
8. Bankruptcy

11:45 – Q&A

11:55 – Adjourn

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