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.
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LIVE REGISTRATION
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$140.00
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WEBCAST REGISTRATION
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$140.00
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| Seminar |
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LIVE REGISTRATION
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$240.00
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WEBCAST REGISTRATION
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$240.00
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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.
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