Receivership Services
Commercial Real Estate Receiver & Master Commissioner Specialists
Vitalis Capital Group (VCG) principals understand commercial real estate investments from the unique perspective of both an owner-operator as well as an investor. During times of turbulence, it is imperative to have an effective property management team with the experience to strike the proper balance between cost control measures and value preservation.
VCG maintains strong relationships with both private-party investors and lenders from various markets. When the court appoints Vitalis Capital Group as the designated Receiver & Master Commissioner,
Kentucky Receivership Law
Upon notice of litigation, take it seriously. Business litigation can result in not just the loss of capital and business assets but also the entire business entity itself. Regardless of the final verdict, parties could be deprived of control and ownership of the business and its assets during the trial itself.
For parties in Lexington, KY, Louisville, KY, and throughout Kentucky; the state courts can appoint receivers. Specifically, any party suing another party or business can ask for the appointment of a receiver. To do so, they must show that they have (or probably have) a right to the business or its assets. They must also show that the business or its assets are in danger of being lost, materially injured or will disappear. https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=18427
If the court believes these filings, it can appoint a receiver or master commissioner during the trial. And, even if the judge finds that a receiver is not warranted, that decision can be appealed. This means that parties may face multiple levels of litigation on this issue alone - underscoring the need for an experienced and qualified Receiver / Master Commissioner during an indefinite period.
The Receiver / Master Commissioner's Powers
The powers of the receiver or master commissioner are outlined in the receivership appointment order. This includes the legal right to take possession of the entity and its assets, in addition to bringing actions for and defending actions against that entity and its assets. They will also collect all rents and debts.
Federal Cases
For Lexington and Louisville, Kentucky, business owners, receiverships are not just a threat in state courts. Receivers can be appointed in federal litigation as well, and if you are facing litigation where a United States federal agency is a litigant, it is likely they will file for a receiver.
Investor.gov Bulletin: 10 Things to Know About Receivers
https://www.investor.gov/introduction-investing/general-resources/news-alerts/alerts-bulletins/investor-bulletins-87