Jeffrey Kolessar of Bfal Associates, LLC, as Court-Appointed Receiver v. Sjp Investment Partners, LLC, and Wells…

Summary

The court held that the circuit court's July 2024 order requiring the receiver to pay all pre-receivership claims was an appealable interlocutory order injunctive in nature, rather than a mere clarification of an earlier order. On the merits, the court held that the circuit court exceeded its discretion by unconditionally requiring payment of those claims from the receivership estate because the receivership was intended to preserve the property and could not be used to impair priority creditors or current operating expenses. The court reversed the July 2024 order and remanded for further proceedings.