Receivership

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Definition of 'Receivership'

Receivership is a legal process in which a court appoints a person or entity (called a receiver) to take control of a company's assets and manage its operations. This can happen when a company is in financial distress and is unable to pay its debts. The receivership process is designed to protect the company's assets and ensure that its creditors are paid.

There are two types of receiverships: voluntary and involuntary. A voluntary receivership is one in which the company itself files for receivership. This can happen when the company's board of directors believes that it is in the best interests of the company to do so. An involuntary receivership is one in which a creditor files a lawsuit against the company and asks the court to appoint a receiver. This can happen when a creditor believes that the company is insolvent and is unable to pay its debts.

Once a receiver is appointed, they have the authority to take control of the company's assets and manage its operations. The receiver's primary goal is to preserve the company's assets and ensure that its creditors are paid. The receiver may also sell the company's assets, liquidate the company, or reorganize the company's operations.

The receivership process can last for a few months or several years. Once the receivership is complete, the company may be able to emerge from receivership and continue operating as a going concern. However, if the company is unable to reorganize its operations or pay its debts, it may be forced to close down.

Receivership is a complex legal process that can have a significant impact on a company's operations and its creditors. If you are considering filing for receivership, it is important to speak to an experienced bankruptcy attorney to learn more about your options.

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