Receiverships in New York
Friday, November 13, 2009
- Location -
Affinia Manhattan
371 Seventh Avenue At 31st Street
New York, NY
(212) 563-1800
Receiverships in New York
(Part 36 Certified Training)
9:00 a.m. – 12:00 noon
Friday, November 13, 2009, New York City
Friday, November 20, 2009, Rochester
3.0 MCLE Credits
INCLUDES 0.5 Ethics Credits
See inside for more details
Co-sponsored by the Real Property Law Section
and the Committee on
Continuing Legal Education of the New York State Bar
Association
CERTIFIED TRAINING:
This program is certified by the Unified Court System's Office
of Guardian and Fiduciary Services,
as fulfilling the training requirement to qualify for enrollment on the
Part 36 List of the
Chief Administrator in the category of RECEIVER.
Program Description
The Part 36 Rules of the Chief Judge (22 NYCRR 36) require the Chief
Administrator of the Courts to establish Lists of persons available for
selection in certain categories of court appointments and to certify
programs as meeting the educational and training prerequisites for
placement on that List. In order to be enrolled on the List of the
Chief Administrator in the category of RECEIVER, training in advance is
required. Receivers are appointed in New York in proceedings
including mortgage foreclosures, other real estate receiverships,
corporate and partnership dissolutions and receiverships for business or
not-for-profit corporations.
This program entitled “RECEIVERSHIPS IN NEW YORK” is
certified by the Office of Court Administration’s Guardian and
Fiduciary Services as satisfying the training prerequisites for
enrollment on the list in the category of RECEIVER. You will
fulfill the educational and training requirements for enrollment on the
List of the Chief Administrator of the Courts by attending the live
session or by using the recording as instructed and by obtaining a
certificate of attendance at the conclusion of the program. After
obtaining your certificate of attendance, in order to enroll on the Part
36 List in the category of RECEIVER you must then submit an application
which is available on the Office of Court Administration’s
Guardian & Fiduciary Services web site at www.nycourts.gov/ip/gfs
The New York State Bar Association also has certified training
programs available for other Part 36 categories of appointment,
including:
• Article 81 of the Mental Hygiene Law (guardian, court
evaluator and attorney for alleged incapacitated person)
• Supplemental Needs Trustee
• Guardians Ad Litem.
For more details about these other programs, please visit us at www.nysba.org/cle or call us at
800-582-2452.
Agenda
8:30-9:00 REGISTRATION (outside meeting
room)
9:00-9:05
I. INTRODUCTORY REMARKS
A. Welcome and Administrative Matters for Course
Attendance and Accreditation
B. Certified Training for Enrollment on the Part 36 List as
Receiver
9:05-9:30 II. RECEIVERS AND PART 36 OF
THE RULES OF THE CHIEF JUDGE
A. Background, Rationale and Categories
B. Secondary Appointments of Receivers
C. Disqualifications
D. Compensation Limitations
E. Required Filings, Forms and Paperwork
F. How to Enroll on the Part 36 List: www.nycourts.gov/ip/gfs
9:30-9:55 III. FIDUCIARY RESPONSIBILITIES OF
A RECEIVER
A. Fiduciary Defined
B. Fiduciary Performance and Responsibilities
C. Accounting, Documentation, Records and Reports
D. Malfeasance and Misfeasance
E. Compensation for Receiver and Secondary Appointees
F. Compliance and Enforcement
9:55-10:10 REFRESHMENT BREAK
10:10-10:40 IV. RECEIVERSHIPS - GENERAL
SUBSTANTIVE DISCUSSION
A. Purposes of Receivership
B. Mortgage Foreclosure Receivership
C. Landlord/Tenant Issues in Real Estate Receiverships
D. Other Receiverships
• Corporate/Partnership Dissolution
• Receiver of a Business
• Not-for-Profit Corporation
10:40-11:05 V. RECEIVERSHIP: PROCEDURAL
ISSUES
A. Motion for Appointment of Receiver
B. Order Appointing Receiver
C. Bond
D. Secondary Appointments and Procedure for Appointment
• Counsel
• Property Manager
• Other Secondary Appointees
E. Accounts and Judicial Settlement of Accounts
F. Termination of Receivership by Removal or Discharge
• Removal: Motion, Hearing, Surcharge, Order
• Discharge: Motion, Order
11:05-11:30 VI. COMPENSATION
A. Commissions – (CPLR 8004(a)): Case Law
Discussion
B. Disbursements and Extraordinary Expenses
C. Allowance Where Funds Depleted (CPLR 8004(b))
11:30-11:45 VII. MISCELLANEOUS
ISSUES
A. Insurance (Liability, Property, etc.)
B. Liability
C. Accounts and FDIC Coverage
D. Taxes
E. Bankruptcy
11:45-12:00 VIII. Questions and
Answers
12:00 p.m. ADJOURNMENT
Overall Planning Chairs
Garry M. Graber, Esq.
Hodgson Russ LLP
Buffalo, New York
Robert A. Wolf, Esq.
Squire, Sanders & Dempsey LLP,
New York, New York
Local Panels
New York City: Robert A. Wolf, Esq., (Local
Chair), Squire, Sanders & Dempsey LLP., New York, New Yok *
Suzanne M. Berger, Esq., Bryan Cave LLP, New York, New
York * Marita L. McMahon, Esq., Office of Court
Administration Guardian and Fiduciary Services, New York, New York *
Francis K. Kenna, Esq., Office of the Inspector
General, New York State Unified Court System, New York, New York *
Marita L. McMahon, Esq., Office of Court Administration
Guardian and Fiduciary Services, New York, New York
Rochester: Garry M. Graber, Esq.,
(Local Chair) Hodgson Russ LLP, Buffalo, New York * Francis
K. Kenna, Esq., Fiduciary Appointments, Office of the Inspector
General, New York State Unified Court System, New York, New York *
Marita L. McMahon, Esq., Office of Court Administration
Guardian and Fiduciary Services, New York, New York * Peter A.
Muth, Esq., Hodgson Russ LLP, Buffalo, New York
Program Locations
Friday, November 13, 2009
Affinia Manhattan
NEW YORK CITY
371 Seventh Avenue at 31st Street
Friday, November 20, 2009
Holiday Inn Rochester Airport
ROCHESTER
911 Brooks Avenue
The last day to pre-register online was November 12, 2009.
Members, please login to get member discounts.
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NYC-Receiverships in New York
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$110.00
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NYC-Receiverships in New York
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$190.00
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NYC-Receiverships in New York
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$50.00
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