Changes to Ohio’s receivership statute will expand the circumstances under which a receiver may be appointed, as well as authorize “free and clear” sales, which is perhaps the most anticipated aspect of the revision, says Matthew A. Salerno, a director at Kegler, Brown, Hill + Ritter.
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Changes to Ohio's receivership statute will go into effect as of March 23, 2015. The changes include, among other things:
- Expansion of the circumstances under which a receiver may be appointed
- "Priority consideration" for the candidate proposed by the party seeking the appointment of a receiver
- Certain clarifications with respect to exercising the equity of redemption
The revised statute also expressly authorizes "free and clear" sales - perhaps the most anticipated change to Ohio's receivership statute.
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