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ARTICLE · 03 JULY 2025

What To Know About The Receivership Process

Nelson Mullins Riley & Scarborough LLP
Nelson Mullins Riley & Scarborough LLP
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Nelson Mullins Riley & Scarborough LLP

Nelson Mullins Riley & Scarborough LLP

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As financial pressures mount across industries—from real estate to retail to private equity—lenders, investors, and other stakeholders are increasingly turning to receiverships...

United StatesInsolvency/Bankruptcy/Re-Structuring

As financial pressures mount across industries—from real estate to retail to private equity—lenders, investors, and other stakeholders are increasingly turning to receiverships as an alternative to bankruptcy. A receivership can be a fast and flexible remedy to preserve assets, stabilize operations, and prevent value destruction. However, the process is not well understood and can vary significantly by jurisdiction. Below, we provide a high-level overview of the receivership process and outline key considerations to keep in mind before pursuing it.

What Is a Receivership?

A receivership is a legal process in which a neutral third party—the receiver—is appointed by a court to take custody, control, and management of property, assets, or a business. The receiver's primary duty is to preserve and protect the value of the assets, often by rehabilitating the company, selling the assets, or distributing proceeds to creditors. Unlike bankruptcy, receivership is not

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