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Rule 4:53-4.Allowances to receivers and attorneys

Last amended September 1, 1994 · Current through June 18, 2026 · Last verified July 7, 2026

In one sentenceRule 4:53-4 has the court fix a receiver's or attorney's fee allowance based on the value of the actual services rendered, and requires anyone seeking compensation in a receivership to disclose, by affidavit, any agreement to share that compensation outside the firm.

Full Text of Rule 4:53-4

Text sizeJump to: (a) (b)

(a) Fixing of Allowances. The court in making allowances to receivers shall consider the extent and value of the actual services rendered and the pains, trouble and risk incurred by them in the discharge of their duties relative to the conduct and settlement of the receivership, having regard also to the avails secured for the trust estate. In making allowances to attorneys, the court shall consider the extent and value of their actual services to the receiver, having regard to the avails secured for the receiver through their efforts. The court may examine the receiver or attorney on oath or otherwise, to ascertain the facts upon which the allowances should be made to depend.
(b) Sharing of Compensation. A receiver, attorney for receiver, appraiser, auctioneer or accountant appointed by the court in connection with dissolution, liquidation or insolvency proceedings, who seeks or received compensation for services rendered therein, shall file with the court an affidavit stating that the applicant shall not in any form or guise share and has not agreed to share any compensation with any person or firm, other than with partners and persons regularly employed by the applicant or by the firm by which the applicant is employed, without express approval of the court. If there is such an agreement or understanding as to such a sharing requiring such approval, the applicant shall set forth in the petition for allowance the name or names of the person or persons to share in the compensation and the general nature of the contributing services rendered.

Amendment History

New Jersey publishes each rule’s amendment record in a “History” note beneath the rule. It is reproduced verbatim below; the “R.R.” citations refer to the former Revised Rules numbering the current rules replaced.

Source-R.R. 4:68-5(a) (b); paragraph (b); amended July 13, 1994 to be effective September 1, 1994.

Plain-English Summary

What a receiver or a receiver's attorney gets paid turns on the actual work done. For the receiver, the court weighs the extent and value of the services rendered and the effort and risk involved in running and settling the receivership, measured against what the estate recovered; for the attorney, it weighs the value of the services to the receiver against what the receiver's own efforts secured. The court can put either one under oath to sort out the facts behind an allowance.

Anyone seeking compensation — receiver, attorney, appraiser, auctioneer, or accountant — also has to disclose, by affidavit, that no fee-sharing arrangement exists outside partners and regular employees without the court's approval, and if one does exist, the petition for allowance has to name who shares in it and describe their contribution.

Frequently Asked Questions

What does a New Jersey court consider in setting a receiver's fee?

The extent and value of the actual services rendered and the effort and risk involved in the receivership, measured against what was recovered for the estate.

Must a receivership professional disclose fee-sharing arrangements?

Yes. An affidavit must state that no compensation is shared outside partners and regularly employed persons without court approval, and any approved sharing arrangement must be disclosed in the fee petition.

Source & verification. The rule text and amendment history are reproduced verbatim from the official New Jersey Rules of Court (N.J. Ct. R. 4:53-4). Prescribed by the Supreme Court of New Jersey (N.J. Const. art. VI, § 2, ¶ 3). The plain-English summary is original and written by us. Last verified July 7, 2026. · Official source
Also known as: receiver fee allowancefee sharing disclosure