Receiverships typically arise from statutes, agreements, and/or court orders and involve the appointment of a receiver who will generally control the assets, operations, and finances of a business for a period of time. Receivers, who are officers of the court, are often vested with considerable power, and we have represented their interests as they fulfill their duties and obligations.
The most common receivership involves traditional real estate cases, such as rents, issues, and profits cases. But they can arise in other areas such as through fraud or harm to the public. Receiverships can be passive or active, where passive receiverships being crafted to simply preserve the property, while active receiverships employ broader powers. Passive receiverships typically need minimal cash flow to, for example, maintain necessary utility services and insurance on the property, unlike active receiverships that require a more significant “start-up” cash flow and the employment of professionals and consultants.
The receiver must have experience and knowledge in receivership administration and the various local rules of the appointing court. Related industry experience is usually helpful as well. The receiver’s powers and duties are expressly stated in the appointing order and are further defined by statute and additional orders of the court.
Practicing law in Denver, Colorado, with the highest degree of integrity, courtesy, competence and honesty, Kevin Neiman has represented receivers, creditors, and other interested parties in receivership cases during his nearly 20 years of practice.
"I have worked with Kevin both as a client and as co-counsel. He is an excellent advocate who knows his stuff, and practically and cost-effectively manages his cases. His communication skills both with clients as well as the Court (in written briefing) is clear, concise, and in my experience, extremely effective. As a smaller shop, he doesn't need to pass along the costs of a fancy office. Without a doubt, would highly recommend."
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