Q: I am a receiver for a partnership. I was appointed pursuant to a stipulation between the current partners and a secured creditor. After an extensive investigation, I have sued the former managing partner and her mother to recover fraudulent transfers, for breach of fiduciary duty and for usurping partnership opportunities. They are contending, in defense, that I cannot maintain my lawsuit because my appointment is not valid, because the current partners, having purportedly wrongfully removed the former managing partner, had no right to stipulate to my appointment. Can they attack my appointment in this manner?
Peter Davidson is an Assistant Live News Editor at the Daily Record, with a focus on local news in Scotland. He has contributed to various publications, including Glasgow Live, Insider.co.uk, and the Mirror. Peter covers a range of topics, from crime and human interest stories to legal issues and political developments.