Receiverships in New York (Webinar)

This 3-hour seminar on Receivership, led by a panel of experts, will satisfy the requirement under Part 36 of the Rules of the Chief Judge for certified training to qualify for receivership appointments. Topics will include the applicable rules and requirements under Part 36, the application process, eligibility, duties of receivers, reporting requirements, compensation, procedural issues upon appointment, the substantive law governing receivership, as well as practical advice for those who are interested in being appointed by the court to serve as receivers in mortgage foreclosure actions, other creditor-enforcement actions, and corporate dissolutions.

Agenda

This will be a panel discussion.

1:00 p.m. Welcome & Introduction, and Program Overview 

1. Introduction of Panelists 

2. Program Format & Overview

3. Satisfaction of Part 36 certification requirement

Part 36 of the Rules of the Chief Judge

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

(Discussion led by Michele Lippa Gartner, Special Counsel, Office of Court Administration)

Receiverships: Substantive Issues

1. Purpose & statutory basis for receivership

2. Receivers in mortgage foreclosure actions

3. Powers and duties of Receivers

Break (15 mins)

Receiverships: Procedural Issues

1. Motion for appointment of receiver

2. Order appointing receiver & Posting of Bond

3. Accounts and judicial settlement of accounts

4. Termination of receivership by removal or discharge

Receiverships: Practical Issues

1. What to expect if appointed receiver

2. Commissions 

3. Disbursements and depletion of funds

4. Liability & Insurance 

5. Accounts and FDIC coverage

6. Impact of Bankruptcy

Q&A

4:00 p.m. Adjourn

Panel:

Robert A. Wolf, Esq. | Tarter Krinsky & Drogin LLP | New York, NY

Vincent O. Hanley, Esq. | Bond Schoenck & King | Buffalo, NY 

Andrew L. Herz, Esq. | Patterson Belknap Webb & Tyler, LLP | New York, NY

Michele Lippa Gartner, Esq. | Office of Court Administration | Special Counsel for Surrogate & Fiduciary Matters | New York, NY