Legal Motion to Appoint

LEGAL MOTION TO APPOINT

Court:    Case No.:

Movant Name: (hereinafter "Movant")    Proposed Appointee Name: (hereinafter "Proposed Appointee")

Movant hereby moves the Court, pursuant to applicable law and the rules of procedure, for an order appointing Proposed Appointee as:

Guardian    Conservator    Receiver       Other:

RECITALS

WHEREAS, Movant has a direct interest in the subject matter of this action as set forth in the pleadings and supporting declarations, and Movant seeks the Court's appointment of an officer to protect the interests at issue; and

WHEREAS, on or about an event occurred materially affecting the management, preservation, or administration of the property or rights described below, such that appointment is necessary to prevent imminent loss, dissipation, or prejudice to interested parties; and

WHEREAS, the property, estate, claims, or interests for which appointment is sought are described as follows:

NOW, THEREFORE

Movant respectfully requests that the Court issue an order as set forth in the numbered paragraphs below.

1. REQUEST FOR APPOINTMENT

Movant requests that the Court appoint Proposed Appointee to the role indicated above, with the authority to take immediate possession of, manage, preserve, and administer the property and rights described in this Motion. This appointment is sought to secure the property, prevent waste, and protect the interests of creditors and other interested parties.

2. SCOPE AND POWERS OF APPOINTEE

Subject to further order of the Court, Proposed Appointee shall have all powers necessary and appropriate to carry out the duties of the office, including but not limited to the following:

1. To take possession of, inventory, and secure all assets identified in this Motion; to operate businesses if necessary for preservation; and to employ agents or professionals as reasonably necessary.
2. To collect, sue for, settle, compromise, or otherwise enforce claims and causes of action in the name of the estate or entity as authorized by the Court.
3. To enter into contracts, execute documents, and take such steps as are necessary to preserve value, subject to Court approval where required by law or this Order.
4. To incur and pay reasonable expenses and to take such interim actions as are immediately necessary to avoid irreparable harm.

3. BOND, SECURITY, AND COMPENSATION

The Court may require security in an amount necessary to protect interested parties. Movant proposes that any bond or security required shall be in the amount of:   

Compensation for Proposed Appointee shall be established by the Court; Movant proposes compensation on the following terms or rates:

4. REPORTING AND ACCOUNTING

Proposed Appointee shall file periodic reports and accountings as the Court directs. Absent order of the Court, reports shall be provided to the parties of record and shall include a statement of receipts, disbursements, and actions taken on behalf of the estate or property.

5. NOTICE

Service of all notices, motions, and other communications required by this appointment shall be made at the addresses provided below unless the Court orders otherwise.

6. TERM AND TERMINATION

Unless earlier terminated by the Court, the appointment shall continue until the duties are completed or until further order of the Court. The Court retains jurisdiction to modify, expand, or terminate the appointment as circumstances require.

7. JURISDICTION AND VENUE

This Court has jurisdiction to grant the relief requested. Venue is proper in this Court because the property or matters to be administered are located within its territorial jurisdiction and relevant interested parties are before the Court.

8. CERTIFICATION

Movant certifies under penalty of perjury that the factual statements contained in this Motion and any supporting declarations are true and correct to the best of Movant's knowledge, information, and belief.

9. RELIEF REQUESTED

WHEREFORE, Movant respectfully requests that the Court enter an order:

1. Appointing Proposed Appointee to the role requested herein with the powers described above;
2. Setting any bond or security as the Court deems appropriate;
3. Authorizing interim actions as necessary to preserve the assets or rights; and
4. Granting such other and further relief as the Court deems just and proper.

MISCELLANEOUS PROVISIONS

Governing Law: This Motion and any order entered hereon shall be governed by the substantive and procedural law of the jurisdiction in which the Court sits.

Entire Agreement: This Motion sets forth the complete request for the relief sought herein. Any prior understanding or representation concerning the subject matter of this Motion is superseded.

Severability: If any provision of an order granting this Motion is held invalid, illegal, or unenforceable, the remainder of the order shall remain in full force and effect.

Amendments and Waiver: Any amendment to an order issued on this Motion shall be effective only if in writing and signed by the Court. No waiver of any provision shall be effective unless in writing and signed by the waiving party.

Sign Now