Florida Court-Appointed Receiver and Custodian Services
STATEWIDE
Skillfully and judiciously preserving, protecting, managing, operating, and maximizing value for all stakeholders.
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Florida Court-Appointed Receiver and Custodian Services
STATEWIDE RECEIVERSHIP AND CUSTODIAN SERVICES
EDS Florida Court-Appointed Receiver and Custodian Services are independent third-party neutral fiduciaries appointed by a court to take control of and manage a business or property that is involved in a legal dispute. The appointment of a Florida Court-Appointed Receiver or Custodian is typically done to protect the assets of the business or property while the legal dispute is being resolved. The Receiver and Custodian have the authority to operate and manage the business or property, and can also take steps to protect and preserve the assets until the dispute is resolved.
In practical terms, a Florida Court-Appointed Receiver and Custodian functions as an officer or agent of the Court, with a fiduciary duty to the Court and all parties involved in the litigation, to preserve, protect, manage, operate, and otherwise handle the disposition of troubled assets while maintaining clear, objective oversight during legal proceedings.
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 and Custodian for creditors, attorneys, investors, and all stakeholders to preserve, protect, manage, operate, and otherwise handle the disposition of troubled assets, real and movable, tangible and intangible, in business disputes, commercial foreclosures, probate, divorce, bankruptcies, and myriad other legal proceedings.
For a broader fiduciary context, see our Court-Appointed Receiver Services and Receivership Services pages.
National Recognition, Government Engagements, and Operational Reach
Florida Receivership Framework
Florida Court-Appointed Receiver Services
Protecting and Maximizing Value For All Stakeholders
- Florida Statutes 714.01–714.28 — Uniform Commercial Real Estate Receivership Act
- Florida Statutes 607.1432 — Receivership or custodianship
- Florida Statutes 605.0704 — Receivership or custodianship
Under Florida law, a court may appoint a receiver or custodian in specified circumstances.Florida Statutes 714.01–714.28, the Uniform Commercial Real Estate Receivership Act, governs receiverships involving commercial real estate and related incidental personal property. Florida law also provides for receivership or custodianship remedies for corporations underFlorida Statutes 607.1432 and for limited liability companies underFlorida Statutes 605.0704.
For over 40 years in hundreds of assignments across industries and asset classes throughout the nation, EDS, with its principal office in the Greater New Orleans area, Slidell, Louisiana, has skillfully and judiciously served as Court-Appointed Receiver and Custodian for creditors, attorneys, investors, and all stakeholders to preserve, protect, manage, operate, and otherwise handle the disposition of real and movable, tangible and intangible, assets in commercial foreclosures, bankruptcies, and myriad other legal proceedings.
Our capabilities, decades of state and federal Court-Appointed Receiver, Custodian, and Keeper experience, and unimpeachable credibility afford EDS an unparalleled opportunity to serve as a trusted Florida Court-Appointed Receiver, Trustee, Custodian, Special Master, Special Magistrate, Liquidator, or in other such court-appointed fiduciary capacities.
For related insolvency remedy work, see our Florida Assignment for the Benefit of Creditors Services.
Judicial and Fiduciary Context
A Florida Court-Appointed Receiver and Custodian is a court-appointed agent responsible for acting on behalf of the court and managing the property, real and movable assets, and financials under the court’s direction in a manner that is best for all parties involved until the final resolution of the legal dispute.
EDS Florida Court-Appointed Receiver and Custodian Services specialists are highly trained, highly skilled, highly credentialed, and highly experienced distressed assets, turnaround management, valuation, and disposition experts with decades of proven experience and unimpeachable credibility who master the facts and present clear, objective, and compelling findings to judges.
EDS Court-Appointed Receivers and Custodians are officers or agents of the Court with a fiduciary duty to the Court and all parties involved in the litigation to preserve, protect, manage, and operate the business or property, real and movable, collect all receipts and pay all necessary bills associated with the business or property, including those related to insurance, utilities, and rents, and provide periodic or court-ordered accountings to the court and all interested parties. The Court may also allow the Receiver to make necessary improvements to the property as well as market it for sale or lease.
Operational Responsibilities
The role of a Florida Court-Appointed Receiver and Custodian can vary depending on the specific circumstances of the case, but they are generally responsible for managing the day-to-day operations of the business or property and ensuring that it is being run in a financially responsible manner. They may also be required to provide regular reports to the court on the condition of the business or property and any actions taken to protect and preserve the assets.
EDS Florida Court-Appointed Receivers and Custodians marshal onsite 24/7/365 throughout the nation to secure, preserve, protect, operate, maintain, and enhance the going-concern value of the businesses and business assets that might otherwise be lost during legal proceedings while actively pursuing permanent solutions.
The Court may also allow the Receiver and Custodian to make necessary improvements to the property as well as market it for sale and/or lease. Where appropriate, these matters may also overlap with broader court-appointed receivership services and related distressed asset management assignments.
Common Situations Where Receiverships and Custodianships Are Utilized
Receiverships are commonly utilized in matters involving:
- Corporate deadlock
- Distressed loan collateral enforcement
- Business divorce or shareholder disputes
- Insolvent corporations
- Dissolved corporations and dissolved LLCs
- Commercially distressed real estate
- Environmentally impaired properties
- Corporate insolvency and restructuring matters
- Regulatory enforcement actions
- Special assets and special situations
In Florida, the statutory framework expressly addresses commercial real estate receiverships, as well as receivership or custodianship remedies in corporate and limited liability company judicial dissolution proceedings.
The impact of complex and contentious litigation in many distressed situations can complicate, if not destroy, stakeholders’ positions if not appropriately handled. Distressed and troubled accounts present many pressing challenges.
Strategic Considerations in Distressed Asset Environments
When problematic accounts face operational or financial difficulties, our experienced, street-savvy, and proficient crisis/interim/turnaround and workout management teams employ creative solutions that often immediately reverse and resolve these situations.
We specialize in providing 24/7/365 on-site crisis interim management teams to operate troubled accounts facing operational and financial difficulties. We are particularly skilled in providing transitional management in highly contentious special assets and special situations and in handling all efforts related to the wind-down and disposition of environmentally sensitive and Impaired Real and Movable Property, including Superfund and Brownfields Sites, Hospitality, Gaming, Resorts, HOA-Golfing Communities, Shipyards/Admiralty/Maritime, Aviation (Fixed and Rotor), Automotive (Manufacturing and Retail), Heavy Industrial, Oil & Gas/Minerals, and Commercial, Multifamily, and High-Value Residential Real Estate.
Professional Receivership Engagements
EDS has served in complex court-appointed and fiduciary roles involving:
- State and federal court receiverships and custodianships
- Court-appointed keeper assignments
- Commercial foreclosures
- Bankruptcies
- Distressed real estate and business assets
- Multistate and multinational corporate disputes
- Environmentally impaired industrial assets
- Asset recovery and liquidation assignments
- Municipal receivership services
- Special assets and special situations
- Aviation and admiralty-related federal seizure matters
EDS’s unparalleled level of expertise is recognized and appreciated in boardrooms and courtrooms throughout the world.
Court-Appointed Fiduciary Experience
EDS serves statewide in Florida Court-Appointed Receiver and Custodian matters of varying size, complexity, and operational demands.
EDS is trusted to serve in complex Florida receivership and custodianship matters requiring experienced fiduciary oversight, operational control, and objective reporting.
Our award-winning receivership services have earned us the distinction of being the only Court-Appointed Receiver in the country that the United States Environmental Protection Agency (USEPA) allows to conduct such services on active Superfund Sites.
We are pleased to serve as Court-Appointed Keepers for the U.S. Marshals Service for federal court seizures of assets under aviation and admiralty jurisdiction.
For matters involving financial disputes, valuation issues, or business valuation in litigation, EDS also provides related Litigation Appraisal Services across all valuation disciplines, e.g., Business Valuation, Real Estate, and Personal Property, as well as valuation-related Alternative Dispute Resolution Umpire services.
How may we be of service to you?
— Discuss a Receivership Matter
Florida Court-Appointed Receiver and Custodian Services
Related EDS Receivership and Fiduciary Services Include:
- Nationwide Receivership and Fiduciary Services
- Nationwide Court-Appointed Receiver Services
- Delaware Court-Appointed Receiver Services
- Florida Court-Appointed Receiver Services
- Texas Court-Appointed Receiver Services
- Louisiana Court-Appointed Receiver / Keeper Services
- Court-Appointed Liquidator Services
- Assignment for the Benefit of Creditors Services
Frequently Asked Questions (FAQ)
What is a Court-Appointed Receiver or Custodian?
A Florida Court-Appointed Receiver or Custodian is an independent third-party neutral fiduciary appointed by a court to take possession of, manage, and, when authorized, transfer, sell, lease, license, exchange, collect, or otherwise dispose of receivership or custodianship property. Under Florida law, a receiver acts as the court’s agent and is subject to the court’s direction. Florida Statutes 714.01–714.28 — Uniform Commercial Real Estate Receivership Act
What responsibilities does a receiver or custodian have during litigation?
A Florida receiver’s or custodian’s responsibilities depend on the court’s order and the nature of the case, but commonly include protecting and preserving receivership property, managing operations, collecting receipts, handling authorized expenses, and providing reports or accountings to the court and interested parties. Florida’s receivership and custodianship frameworks specifically address the receiver’s or custodian’s powers and duties, interim reporting, fees and expenses, and transfer of property outside the ordinary course of business. Florida Statutes 714.01–714.28 — Uniform Commercial Real Estate Receivership Act
When will a Florida court appoint a receiver or custodian?
Under Florida law, a court may appoint a receiver or custodian in specified circumstances after notice and an opportunity for hearing, and in limited situations may do so without advance notice if specific facts show immediate and irreparable injury, loss, damage, or the risk of waste, dissipation, impairment, or substantial diminution in value before the adverse party can be heard. Florida law also separately provides receivership or custodianship remedies for corporations and limited liability companies in judicial dissolution proceedings. Florida Statutes 714.01–714.28 — Uniform Commercial Real Estate Receivership Act,Florida Statutes 607.1432 — Receivership or custodianship,Florida Statutes 605.0704 — Receivership or custodianship
How is a receiver different from a custodian?
In Florida, the distinction depends on the statute and the court’s order. For corporations and LLCs, Florida law provides that a court may appoint one or more receivers to wind up and liquidate, or one or more custodians to manage, the business and affairs of the entity. That makes “receiver” and “custodian” related but not identical forms of court-appointed relief. Florida Statutes 607.1432 — Receivership or custodianship,Florida Statutes 605.0704 — Receivership or custodianship
What types of matters commonly involve receiverships or custodianships?
Florida receiverships and custodianships commonly arise in matters involving commercial real estate, revenue-producing property, loan enforcement, distressed assets, corporate disputes, judicial dissolution proceedings, business deadlock, and situations involving waste, dissipation, impairment, or substantial diminution in value of property. Florida’s Chapter 714 is specifically directed to commercial real estate receiverships and related incidental personal property. Florida Statutes 714.01–714.28 — Uniform Commercial Real Estate Receivership Act,Florida Statutes 607.1432 — Receivership or custodianship,Florida Statutes 605.0704 — Receivership or custodianship
Can a receiver or custodian sell or lease property?
Yes, when authorized by the court. Florida law defines a receiver or custodian as a person appointed by the court to take possession of, manage, and, if authorized by statute or court order, transfer, sell, lease, license, exchange, collect, or otherwise dispose of receivership or custodianship property. In corporate and LLC proceedings, the statutes also provide that a receiver may dispose of assets if authorized by the court. Florida Statutes 714.01–714.28 — Uniform Commercial Real Estate Receivership Act,Florida Statutes 607.1432 — Receivership or custodianship,Florida Statutes 605.0704 — Receivership or custodianship
Does Florida law require a receiver or custodian to be neutral and qualified?
Yes. Florida law contains disqualification and disclosure requirements for receivers and custodians, and also requires a receiver or custodian to post a bond or other court-approved security in most cases. These requirements help reinforce neutrality, accountability, and faithful discharge of the receiver’s or custodian’s duties. Florida Statutes 714.01–714.28 — Uniform Commercial Real Estate Receivership Act
Are Florida receiverships or custodianships limited to real estate cases?
No. Florida’s Uniform Commercial Real Estate Receivership Act specifically governs receiverships involving commercial real estate and related incidental personal property, while separate Florida statutes provide receivership or custodianship remedies for corporations and limited liability companies. Florida Statutes 607.1432 and Florida Statutes 605.0704 address those business-entity contexts.
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