Please review the below business fiduciary roles; then contact us to learn how we can help you fill your needs and solve your problems or concerns. A formal fiduciary client relationship can be created with a court-ordered appointment or a signed contract between SoCal Private Fiduciary® and our client or attorney.
Receiver – corporate and individual
A fiduciary who is hired or court-appointed to act as a neutral intermediary for temporary possession, management, and disposition of assets, a business, property, and/or money belonging to one or more parties/litigants, including tangible and intangible assets and rights, especially in cases where a person or company cannot meet financial obligations, or there is an unresolved question of ownership/title, and to preserve the property or rights of any party. A receiver can also be appointed to hold assets in separation and divorce proceedings until a court determines rightful ownership and/or control. A receiver is usually called in by the bank or creditors involved, and the receiver’s powers derive from the document(s) underlying appointment: a financing agreement or statute, or a court having proper jurisdiction. The usual responsibility of the receiver is to recoup as much of the unpaid loans as possible for the bank or creditors, or to safeguard/manage the asset(s) until ownership/title can be resolved and then make delivery/payments as expected.
The benefits of using receivership over bankruptcy, if contemplated, are lower costs and administration that can be handled in state court by a qualified receiver, the parties, and their attorneys, instead of filing and dealing with a complex, expensive, and time-consuming formal bankruptcy proceeding in federal court.
A fiduciary who is hired or court-appointed to act as a neutral party and manages an organization’s or person’s financial affairs that have been placed in bankruptcy.
Bankruptcy is a legal proceeding that can be initiated by debtors who know that they will not be able to satisfy the debt requirements of their creditors. In most jurisdictions, bankruptcy is imposed through a court order, which can also be initiated by a creditor. The federal district courts have original and exclusive jurisdiction over all cases arising under the bankruptcy code − bankruptcy cases cannot be filed in state court.
Bankruptcies are complex and costly events. Even simple cases require extensive administration because of the number and high costs of meetings, court hearings, required filings, and related court and professional fees. Instead, consider opting to file a receivership in state court, rather than a bankruptcy in federal court, when certain assets can be identified to potentially satisfy the outstanding debt. Of course, different laws would apply, but a competent attorney can apprise you of your options to save you valuable time and money.
Manager of Operations / Projects / Programs
A fiduciary hired privately to handle important short-term business matters, where management expertise is lacking in your staff, or there is a time constraint to have certain objectives accomplished in a reliable and professional manner. A summary of our capabilities includes:
- Creative and results-oriented senior manager with international exposure has unique combination of operations, finance, and technology skills with strategic planning, resource management, and process improvement experiences.
- Demonstrated ability to assess conditions, analyze problems, and develop and implement creative solutions that produce innovative results. Involved in start-ups, organizational changes, and turnaround situations.
- Proven track record of achieving scope and budget targets, and controlling adverse risk events to deliver customer expectations according to contract.
We have over 30 years experience in managing personal & business matters for our clients, as well as dealing with sensitive subjects that cross between business and personal areas, where discretion may be paramount. Also, we can use a nondisclosure agreement (NDA) that protects you by severely limiting our information outflow purposely by contract, or we can use one prepared by your legal advisor. Our professional experiences span a number of industry sectors; please inquire for more details.
Nothing hereinabove or on other SoCal Private Fiduciary® website pages is intended or shall be construed as an offer to provide legal, medical, tax, or estate-planning advice. In each area, every client should engage the services of a separate state-licensed specialist to advise as needed; or, we can involve similar services from state-licensed specialists at additional costs in the performance of our professional fiduciary services as listed above. If a separate state-licensed specialist is engaged by the client, we are happy to coordinate our operations to enable successful fulfillment of our services.
We endeavor to keep our information on this website up-to-date and correct. However, unavoidable mistakes are possible, such as a change in applicable industry regulation or law and we have not yet been notified or had time to update this website accordingly. Therefore, we make no representations or warranties of any kind, express or implied, about the accuracy, completeness, reliability, suitability or availability with respect to this website or the information in any related graphics contained herein. Any reliance you place on such information is therefore strictly at your own risk. Please contact SoCal Private Fiduciary® with any questions or concerns that you may have before making any assumptions or conclusions, or taking any actions therefrom.
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