Receivership FAQ | Texas Family Law Powerhouse

Question 1

Can I appeal a turnover order in a Texas receivership case?

Accepted Answer

This question has been addressed in 1 Texas court opinion(s), including Cove Funding, LP and its Subsidiary HPS Admin, LLC v. Marcy Barba and Jorge Barba. To prevent third-party claimants from disrupting a receivership through interlocutory appeals, practitioners should seek a simple denial of turnover requests rather than a formal adjudication of the claim's merits. Conversely, third parties seeking to appeal a denial must ensure the order contains specific findings that finally adjudicate their substantial rights or act as a mandatory injunction.

Question 2

Can someone get a security interest in assets held by a court-appointed receiver?

Accepted Answer

This question has been addressed in 1 Texas court opinion(s), including Cove Funding, LP and its Subsidiary HPS Admin, LLC v. Marcy Barba and Jorge Barba. To prevent third-party claimants from disrupting a receivership through interlocutory appeals, practitioners should seek a simple denial of turnover requests rather than a formal adjudication of the claim's merits. Conversely, third parties seeking to appeal a denial must ensure the order contains specific findings that finally adjudicate their substantial rights or act as a mandatory injunction.

Question 3

When can a Texas court appoint a receiver over trust assets?

Accepted Answer

This question has been addressed in 1 Texas court opinion(s), including IN THE ESTATE OF LONNIE K. LEDBETTER JR., DECEASED. A trial court can exercise 'sua sponte' authority to appoint a receiver over disputed assets whenever equity requires it—meaning if a spouse is hiding assets or refusing to testify by invoking the Fifth Amendment, the court can immediately seize control of the property to prevent it from being squandered, even if neither party has filed a formal motion for a receivership.