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Last RightsLiquidating a Company$
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Ben S. Branch, Hugh M. Ray, and Robin Russell

Print publication date: 2007

Print ISBN-13: 9780195306989

Published to Oxford Scholarship Online: May 2007

DOI: 10.1093/acprof:oso/9780195306989.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 06 December 2021

 Receiverships and Assignments for the Benefits of Creditors

 Receiverships and Assignments for the Benefits of Creditors

Chapter:
(p.179) 10 Receiverships and Assignments for the Benefits of Creditors
Source:
Last Rights
Author(s):

Dr. Ben S. Branch (Contributor Webpage)

Hugh M. Ray

Robin Russell

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780195306989.003.0010

This chapter discusses the avenues for liquidating a failed business outside of bankruptcy. While liquidations involving companies of any significant size are typically accomplished through bankruptcy, state, and federal equity receiverships and assignments for the benefit of creditors provide alternatives for smaller more localized liquidations. These approaches are more informal and less restrictive than bankruptcy. The roles of the assignor and receiver as liquidator, including duties, costs, powers, and compensation are reviewed. The right of the assignor or receiver to pursue actions under the applicable state Uniform Fraudulent Transfer Act is also discussed.

Keywords:   receivership, benefit of creditors, Uniform Fraudulent Transfer Act, assignor, receiver, liquidate

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