What Does a Court-Appointed Receiver Actually Do?
A receiver is not a judge, a mediator, or a party's advocate. A receiver is an officer of the court who takes control of specific property or a business and preserves its value under a written order.
Everything starts with the order
A receiver's authority comes entirely from the appointing order. There is no general reservoir of power. If the order does not authorize borrowing, the receiver cannot borrow. If it does not authorize a sale, the receiver returns to court before selling anything outside the ordinary course.
Well-drafted orders address possession, bank accounts, records, employees, contracts, litigation authority, insurance, bonding, reporting intervals, professional retention, and compensation. Ambiguity in the order becomes motion practice later, at the estate's expense.
The first seventy-two hours
- Qualify: file the oath and the undertaking (bond) required by CPLR 6402 and 6403.
- Take possession of premises, keys, alarm codes, and point-of-sale or property management systems.
- Open a dedicated receivership bank account and redirect deposits into it.
- Freeze and inventory existing accounts, merchant processors, and cash on hand.
- Confirm insurance is in force and name the receiver as an additional insured.
- Notify tenants, vendors, payroll providers, lenders, and regulators of the appointment.
- Secure books, records, contracts, leases, and electronic access credentials.
- Preserve inventory and any perishable or regulated stock.
Running the asset
In an operating receivership the receiver becomes management. That means payroll and payroll taxes, vendor terms, staffing, licensing filings, insurance renewals, marketing continuity, and the ordinary judgment calls a business owner makes weekly. Courts do not supervise those decisions in real time; they review them later through reports and fee applications.
In a real estate receivership the work centers on rent: notifying tenants to pay the receiver, collecting and depositing rent, pursuing arrears, addressing violations and repairs, keeping utilities and services on, and preserving the building against waste.
In either posture the receiver is often the only neutral party who can transact with a bank, a landlord, or a regulator while litigation continues.
Accounting and reporting
A receiver keeps books that can withstand review by an adverse party. Every receipt and disbursement is recorded, supported, and reconciled. Periodic reports — typically monthly or quarterly, as the order provides — set out cash position, operations, material events, and anticipated needs.
The final account is the document by which the receivership is judged. It reconciles opening and closing balances, itemizes disbursements, explains material decisions, and supports the discharge and release of the bond.
What a receiver cannot do
- Act outside the four corners of the appointing order.
- Favor the party who moved for the appointment.
- Sell property outside the ordinary course without court approval.
- Commingle receivership funds with any other account.
- Pay professionals or itself without an approved fee application.
- Resolve the parties' underlying claims — that remains with the court.
New York Receivership Guide
What every business owner should know before seeking — or opposing — a receiver.
- The CPLR 6401 standard, in plain language
- What to put in (and keep out of) the appointment order
- What receiverships actually cost
- Alternatives courts prefer, and how to propose them
Frequently asked questions
Receivership questions are fact-specific. These answers are general information, not legal advice for your matter.
Within the scope of the order, yes. The receiver takes possession and control of the assets described in the order. Owners typically retain their equity interests and their claims in the litigation, but not day-to-day operational control.
If the order grants operational authority, generally yes, subject to employment law and any collective bargaining obligations. Prudent receivers document the business justification and, for significant workforce actions, seek court authorization.
Ordinarily the receivership estate — the property or business under management. Where the estate lacks cash, the court may require the moving party to advance funds or post security for fees and expenses.
A receiver may commence or defend litigation when authorized by the order or by further court permission. Suits against a receiver in that capacity generally require leave of the appointing court.
Seeking a receiver, opposing one, or considering an appointment?
Part 36 approved receiver and receivership counsel for New York City and Long Island matters.