Motion for Appointment of Receiver

MOTION FOR APPOINTMENT OF RECEIVER

Before you use this: Identify the selected court, current law authorizing appointment, required notice and hearing, receiver qualifications, bond, and any local form or order. Complete the authority and evidence fields before filing.

[COURT NAME], [COUNTY OR DISTRICT], [STATE]

Case number: [NUMBER] Judge: [NAME]

Movant [NAME], by [COUNSEL / SELF], moves for appointment of [PROPOSED RECEIVER] over [SPECIFIC PROPERTY OR ENTITY] under [EXACT CURRENT STATE STATUTE, COURT RULE, OR OTHER CONTROLLING AUTHORITY AND SUBSECTION]. If filed in federal court, Federal Rule of Civil Procedure 66 governs the action; it does not itself supply the case-specific grounds for appointment. Movant states:

Jurisdiction, interest, and proposed estate

1. This Court has jurisdiction and venue because [FACTS, PLEADINGS AND AUTHORITY]. Movant's interest is [OWNERSHIP, LIEN, CLAIM OR OTHER STANDING, WITH EXHIBIT]. The adverse parties and persons known to claim an interest are [NAMES AND CAPACITIES].

2. The proposed receivership estate is limited to [IDENTIFY ACCOUNTS, REAL PROPERTY WITH LEGAL DESCRIPTION, INVENTORY, EQUIPMENT, BUSINESS, RENTS OR OTHER ASSETS]. Its location and present custodian are [FACTS]. Property outside this description is excluded unless later ordered.

3. The underlying dispute is [PENDING CLAIMS, RELIEF AND CASE STATUS]. The operative agreement, instrument or ownership record is [DATE, PARTIES, RELEVANT CLAUSE AND EXHIBIT]. A contractual receiver clause, if any, is [EXACT WORDING AND EXHIBIT]; appointment remains subject to the governing law and court order.

Grounds and evidence

4. The applicable appointment ground is [EXACT AUTHORITY AND ELEMENTS]. The facts satisfying each element are [FACTS, DATES, ACTORS, AMOUNTS, DECLARATION PARAGRAPHS AND EXHIBITS]. The present risk to the identified property is [SPECIFIC LOSS, WASTE, DISSIPATION, DEADLOCK OR OTHER SUPPORTED HARM].

5. Movant considered [INJUNCTION / ACCOUNTING / ESCROW / BOND / OTHER NARROWER MEASURE]. That measure would [FAIL OR SUCCEED] because [CASE-SPECIFIC EVIDENCE]. The requested receivership scope is [WHY THIS PROPERTY AND THESE POWERS ARE NEEDED]; effects on other interested persons are [FACTS].

6. If secured credit is involved: the obligation is $[AMOUNT] as of [DATE], itemized in Exhibit [NUMBER]. Default and any required notice or cure are [DATES AND RECORDS]. The collateral and lien priority evidence is [INSTRUMENT, RECORDING / FILING, SEARCH AND EXHIBIT]. No lien priority or entitlement is established by a mere unchecked box.

7. Proposed receiver [NAME] has [QUALIFICATIONS AND EXPERIENCE] and [RELATIONSHIPS OR NONE] with the parties and property. The receiver's written consent, conflict disclosure and résumé are Exhibits [NUMBERS]. Proposed compensation, funding source and bond are [TERMS], subject to the court's decision.

Requested powers and safeguards

8. Movant asks the Court to authorize only these selected acts, each to the extent permitted by governing law: [TAKE POSSESSION / INVENTORY / PRESERVE PROPERTY / COLLECT RENTS OR RECEIVABLES / PAY ORDINARY EXPENSES / MAINTAIN INSURANCE / OPERATE BUSINESS / RETAIN PROFESSIONALS / FILE CLAIMS / OTHER EXACT POWERS]. Spending limits and required prior court approvals are [DETAILS]. Any sale, borrowing, new lien, litigation, or termination of a business requires [SEPARATE COURT APPROVAL OR SPECIFICALLY SUPPORTED AUTHORITY].

9. Proposed reporting is [INITIAL INVENTORY DATE; ACCOUNTING INTERVAL; RECIPIENTS]. Receiver compensation and fees are subject to [COURT APPROVAL PROCESS]. The receiver may not transfer assets for the movant's benefit or decide the underlying claims without further order.

10. If this is a federal action with property in multiple districts, identify each district and the filing plan under 28 U.S.C. § 754: [DISTRICTS; COMPLAINT AND ORDER COPIES; RESPONSIBLE PERSON]. Section 754 concerns the authority of an appointed receiver and the copies due in each district within ten days after appointment; it is not an independent appointment ground.

Notice and hearing

11. Movant has given or will give notice to [PARTIES AND INTERESTED PERSONS], by [METHOD AND DATE], under [CONTROLLING RULE / ORDER]. The hearing is [DATE, TIME, LOCATION OR REQUEST]. If shortened notice is requested, the controlling rule and specific immediate facts are [AUTHORITY AND EVIDENCE].

Prayer

Movant requests that the Court, after the required process, appoint [NAME] as a [LIMITED / GENERAL] receiver over the property stated in paragraph 2; approve only the powers and safeguards specified in a signed order; set the bond and reporting schedule; and grant other relief expressly supported by [AUTHORITY AND FACTS].

Dated: [__/__/____] Signature: [SIGNATURE]

Printed name / capacity / bar number if counsel: [DETAILS]

Address / telephone / email: [DETAILS]

Exhibits

Certificate of service

I certify that on [DATE] I served this motion, proposed order and attached materials on the following persons by the method required by [CURRENT RULE / COURT ORDER]:

Signature: [SIGNATURE] Date: [__/__/____]

PROPOSED ORDER APPOINTING RECEIVER

[COURT NAME], [COUNTY OR DISTRICT], [STATE]

Case number: [NUMBER]

After considering the motion, [OPPOSITION], evidence, notice, and hearing on [DATE], the Court finds that [EXACT GOVERNING AUTHORITY AND CASE-SPECIFIC FINDINGS], that the requested scope is [FINDINGS], and that [NAME] is qualified to serve subject to [DISCLOSURES AND CONDITIONS]. It is ORDERED:

1. [NAME] is appointed [LIMITED / GENERAL] receiver solely over [EXACT PROPERTY AND LEGAL DESCRIPTION]. Appointment is effective [DATE / CONDITION].
2. The receiver may [EXACT ENUMERATED POWERS]. The receiver must not [LIMITS]. Sale, borrowing, new liens, extraordinary expenditure, litigation, and business termination require [FURTHER ORDER / SPECIFIC AUTHORIZATION].
3. Before taking possession, the receiver must [BOND AMOUNT, SURETY, APPROVAL AND DEADLINE, OR COURT'S EXPRESS ALTERNATIVE]. Movant's bond, if required, is [TERMS].
4. The receiver must file an inventory by [DATE], accounts and status reports every [INTERVAL], and serve [RECIPIENTS]. Compensation and professional engagements are [APPROVAL METHOD AND LIMITS].
5. Persons bound by this order must [EXACT TURNOVER / ACCESS DUTIES, IDENTIFIED PERSONS AND DEADLINE]. Any injunction is limited to [SPECIFIC ACTS AND PERSONS], on [INDEPENDENT GROUNDS / COURT FINDINGS].
6. If 28 U.S.C. § 754 applies, the receiver must file the complaint and this order in each district containing property within ten days after entry. The receiver's authority over property in another district is subject to that statute.
7. The Court retains authority to modify or terminate this receivership on motion and to approve the final accounting and disposition of property. All other relief is denied unless expressly granted here.

Dated: [__/__/____] Judge: [SIGNATURE]