Tag «Florida State Courts»

A Receivership Court Has Exclusive Jurisdiction Over the Receivership Property but Not Necessarily the Receivership Defendant

A court that appoints a receiver over property of a defendant typically has exclusive jurisdiction over such property and imposes a stay against commencing any litigation that would affect it.  A plaintiff that seeks to file suit to recover, impair, or affect property of a receivership estate or otherwise in the hand of the receiver …

Receivers’ Fraudulent Transfer Claims Are Not Barred by In Pari Delicto Doctrine: A Survey of Federal and State Court Decisions

A growing list of federal and state courts have determined that fraudulent transfer claims brought by an equity receiver are not barred by the doctrine of in pari delicto. While the following list includes many of the significant and most frequently-cited decisions setting forth or upholding this proposition of law, it is by no means …