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Receiverships in New York - Live & Webcast

Thursday, July 26, 2012

- Location -
State Bar Center
One Elk Street
Albany, NY 12207
(518) 463-3200

Certified Training: This program is approved by the Unified Court System’s Office of Guardianship and Fiduciary Services for purposes of required training to qualify for appointment as a Receiver under Part 36 of the Rules of the Chief Judge.

Co-sponsored by the Real Property Law Section and the Committee on Continuing Legal Education of the New York State Bar Association

1:00—4:00 p.m.
3.0 MCLE Credits

(Newly admitted attorneys may earn MCLE credit from this program only if they attend the session in person at The Bar Center)

 

Program Description

The Real Property Law Section and Committee on Continuing Legal Education are pleased to present this three-hour program that will qualify you for an appointment as a Receiver. This timely presentation by experienced practitioners offers a practical examination of the legal situations in which one may be appointed a receiver and the procedure for appointment, the duties and responsibilities of a receiver, and recommended “best practices” of a receiver once appointed. The rules and procedures for compensation, fees and expenses also will be highlighted.

Program Schedule

Registration (for live in-person session at The Bar Center)
12:30-1:00 p.m.

Program (for live program and webcast)
1:00-4:00 p.m.

4:00 p.m.
Adjournment


Program Agenda (Topics' order of presentation may change slightly)

INTRODUCTORY REMARKS (5 minutes)
 A. Welcome and Administrative Matters for Course Attendance and Accreditation
 B. Certified Training for Enrollment on the Part 36 List as Receiver

RECEIVERS AND PART 36 OF THE RULES OF THE CHIEF JUDGE (M. Gartner - 40 minutes)
 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.micourts.gov/ip/gls

RECEIVERSHIPS - GENERAL SUBSTANTIVE DISCUSSION (R. Wolf - 30 minutes)
 A. Fiduciary Defined
 B. Fiduciary Performance and Responsibilities
 C. Accounting, Documentation, Records and Reports
 D. Purposes of Receivership
 E. Mortgage Foreclosure Receivership
 F. Landlord/Tenant Issues in Real Estate Receiverships

REFRESHMENT BREAK (15 minutes)

NON-FORECLOSURE RECEIVERSHIPS IN NEW YORK (C. Lutterbein - 20 Minutes)

MISCELLANEOUS ISSUES (C. Lutterbein - 25 minutes)
 A. Compensation for Receiver and Secondary Appointees
 B. Insurance (Liability, Property, etc.)
 C. Liability/Malfeasance and Misfeasance
 D. Accounts and FDIC Coverage
 E. Taxes
 F. Bankruptcy

RECEIVERSHIP: PROCEDURAL ISSUES (R. Wolf - 30 minutes)
 A. Motion for Appointment of Receiver
 B. Order Appointing Receiver
 C. Bonds
 D. Secondary Appointments and Procedure for Appointment
 E. Accounts and Judicial Settlement of Accounts
 F. Termination of Receivership by Removal or Discharge

QUESTIONS AND ANSWERS (15 minutes)


Program Faculty

Garry M. Graber, Esq.  (Planning Co-Chair)
Hodgson Russ LLP
Buffalo

Robert A. Wolf, Esq. (Planning Co-Chair)
Squire Sanders (US) LLP
New York City

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

Craig T. Lutterbein, Esq. 
Hodgson Russ LLP
Buffalo

Program Location

ALBANY
Thursday, July 26, 2012 | 1:00—4:00 p.m.
NYSBA Bar Center, 1 Elk Street, Albany

Directions

(FROM NORTH: 87 South to I-90 East (toward Boston), then 787 South to downtown Albany (Clinton Ave exit). Turn left at first light (Broadway), right at State Street and right at Lodge Street. Park at Crowne Plaza Hotel Parking Garage and walk up Pine Street. Turn right onto Eagle Street and continue to corner of Elk and Eagle Streets. State Bar Center is directly across the street.FROM SOUTH: NYS Exit 23 to 787. Exit Rt. 9 North and Rt 20 West, bear right. Turn left at light, right onto Broadway, left onto State Street and right at Lodge Street, where you may park at the Crowne Plaza Hotel Parking Garage. Follow walking directions above.FROM WEST: NYS Thruway Exit 24 to I-90 East (toward Boston). Take 787 South to downtown Albany (Clinton Avenue exit) and follow parking/walking directions above.FROM EAST: I-90 West to 787 South to downtown Albany (Clinton Avenue) and follow parking/walking directions above)

The last day to pre-register online was July 25, 2012.

Members, please login to get member discounts.

Pricing Information for Member
Seminar
0
LIVE REGISTRATION $140.00
WEBCAST REGISTRATION $140.00
 

Pricing Information for Non Member
Seminar
0
LIVE REGISTRATION $240.00
WEBCAST REGISTRATION $240.00
 

Accommodations for Persons with Disabilities:
NYSBA welcomes participation by individuals with disabilities. NYSBA is committed to complying with all applicable laws that prohibit discrimination against individuals on the basis of disability in the full and equal enjoyment of its goods, services, programs, activities, facilities, privileges, advantages, or accommodations. To request auxiliary aids or services or if you have any questions regarding accessibility, please contact Cindy O'Brien at 800-582-2452 or cobrien@nysba.org.