Court Appointed Receivership

Sherwood Partners' ability to maximize the asset value of companies has made our firm one of the preferred Receivers of the Courts as well as the creditors and legal communities. The Receivership process is unique, requiring a detailed understanding and knowledge in order to produce the desired result. Drawing upon our years of experience, we have the vital procedural skills and operating talent for successful conclusions. Moreover, our business background, industry expertise and financial know-how allow us to initiate creative and customized solutions for each situation.

Our firm acts as an operating Receiver and/or a liquidating Receiver, depending on the circumstances. This role is officially appointed by the Court, based on the nomination of an interested party such as a secured creditor. The Court sets forth the procedures, rules and mechanisms appropriate for each case. This customization enhances the Receiver's effectiveness and lays the groundwork for better results. (Contrary to this process is a formal Chapter 7 Bankruptcy liquidation. In this latter instance, the fiduciary does not always have relevant business experience and the process is far more structured and inflexible.)

As a court appointed Receiver, Sherwood Partners performs the functions listed below:

  • Take possession of all or substantially all of the company assets, pursuant to an order of the Court or a security agreement;
  • Sell assets in the most beneficial manner in order to optimize proceeds;
  • Pay creditors based on priority status, with secured creditors leading the way;
  • Facilitate process and actions for secured creditors and limit potential issues of "controlling parties".

The benefits for a creditor's use of Sherwood Partners as a Receiver include:

  • Allows company to overcome situations where owners are deadlocked over critical decisions or management is ineffective in the final stages of operation;
  • Removes doubts about facts and information concerning the business;
  • Installs controls and process for monetizing and collecting creditor proceeds.

 

 

 

Case Studies

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