COURT-APPOINTED RECEIVER SERVICES
A Court-Appointed Receiver owes a fiduciary duty to the Court and all parties involved in the litigation. The Receiver’s duty is to preserve, protect, manage, and operate the property, real and moveable, collect all receipts and pay all necessary bills associated with the property such as those related to insurance and utilities, rents, and provide monthly accounting’s to the court and all interested parties. The Court also allows the Receiver to make necessary improvements to the property as well as market it for sale and/or lease.
NATIONWIDE RECEIVER/TRUSTEE/CUSTODIAN/LIQUIDATOR FIDUCIARY SERVICES
For over 40-years in hundreds of assignments across industries and asset classes throughout the country EDS has skillfully and judiciously served as Court-Appointed Receiver for secured creditors, attorneys, investors, and other stakeholders to preserve, protect, manage, operate, and otherwise handle the disposition of real and moveable, tangible and intangible, assets in commercial foreclosures, bankruptcies, and myriad other legal proceedings.
The Appointment of a Receiver / Trustee / Custodian / Liquidator requires highly-trained—highly-skilled—highly-credentialed—highly-experienced special assets and special situations transitional management, valuation, and disposition experts with decades of proven experience and unimpeachable credibility who master the facts and are able to present clear, objective and compelling findings to judges.
From National Priority List Superfund Sites—to a decommissioned nuclear-powered aircraft carrier—to the pencils-on-the-desk—we handle it all, and we have successfully managed and generated billions-of-dollars for our global clientele in the conversion of their distressed assets to cash. We specialize in handling the disposition of Environmentally-Sensitive and Impaired Real and Moveable Assets (Superfund and Brownfields Sites), Hospitality, Gaming, Resorts, Shipyards/Admiralty/Maritime, Aviation, Automotive (Manufacturing and Retail), Heavy Industrial, Oil & Gas/Minerals, High-Value Residential distressed assets and complex—highly-contentious special assets and situations. Our award-winning receiver services have earned us the distinction of being the only Court-Appointed Receiver/Keeper in the country that the United States Environmental Protection Agency (USEPA) allows to conduct such services on active Superfund Sites. And, and we are pleased to serve as Keepers for the U.S. Marshals Service for federal court seizures of assets under admiralty jurisdiction. We are the measure by which all court appointed fiduciaries are judged.
As an example, a borrower in financial distress raises myriad commercial loss concerns for its secured lender, including increased risk of less than payment in full of its loan, increased liabilities, additional costs and expenses, and greater utilization of lender resources. When a borrower shows signs of distress, it is critical for the secured lender to promptly and proactively develop a thoughtful strategic plan to mitigate issues and to identify options available to strengthen the secured lender’s position in the credit facility. Doing this is an important first step for a secured lender interested in maximizing its recovery and limiting its exposure. Our management and operations teams work closely with the client’s legal representatives to protect, preserve, maintain, operate and enhance the going-concern value of the business and/or business assets that might otherwise be lost during forbearance agreements, replevin actions, bankruptcies, foreclosures, and restructurings, while actively pursuing permanent solutions.
The impact of complex and contentious litigation in many distressed—special situations can complicate, if not destroy, the client’s position if not handled properly. Non-current, non-performing, distressed, and troubled accounts present many pressing challenges. When problematic accounts facing operational or financial challenges occur, our experienced—street-savvy—proficient crisis/interim/turnaround and workout management teams employ creative solutions that often reverse and cure these situations immediately.
EDS’ unparalleled level of expertise is recognized and appreciated in boardrooms and courtrooms throughout-the-world. How may we be of service to you?