Darren T. Case was the guest presenter for the Southern Arizona Estate Planning Council on September 18, 2020 on the topic of “Estate Planning and the 2020 Presidential Election.” Two days later, he presented on the same topic for the Maricopa County Bar Association. The presentation detailed the potential tax law changes proposed by the candidates, …
Removal & Termination. A court may only remove a receiver “for cause.” A.R.S. §33-2620(A). “Cause” is not defined in the Act. The comment to UCRERA §22 is not particularly helpful in understanding the circumstances that may constitute “cause”. Citing to Clark on Receivers the Commissioners state that “[c]ertainly, ‘cause’ would include the …
Receiver’s Immunities & Procedure for Suing Receivers. A receiver, as an agent of the court, has historically been entitled to certain immunities and protections. Section 33-2617(A) provides that a receiver appointed under the act is entitled to all of the defenses and immunities “provided by law” for any act or omission which is “within the …
Michael A. Wrapp has received an AV Preeminent® Peer Review Rating™ from Martindale-Hubbell®, the highest possible rating for professional excellence in legal ability and ethical standards. Created in 1887, Martindale-Hubbell®’s Peer Review Rating™ system evaluates lawyers based on the anonymous opinions of members of the Bar and the Judiciary, including both those who are rated …
Receiver’s Reports & Discharge. Section 33-2618 provides a nonexclusive list of the types of things that a receiver may include in an interim report filed with the court. Any such report should include any fees paid or proposed to be paid to a professional and the receiver’s own fees and expenses. A final report must …