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28 U.S.C. § 3103 — Receivership

submitted 36 years ago by Pub. L. 101-647 to r/title-28-JUDICIARY-AND-JUDICIAL-PROCEDURE · 486 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section permits a court to appoint and regulate a receiver for endangered property in which a debtor has a substantial nonexempt interest. It sets the receiver’s powers, duties, duration, priority, and compensation.

(a) Appointment. If section 3101’s requirements are met, a court may appoint a receiver for property in which the debtor has a substantial nonexempt interest when the United States shows reasonable cause to believe the property is in substantial danger of being removed from the court’s jurisdiction, lost, concealed, materially injured or damaged, or mismanaged. (b) Powers. (1) The appointing court may authorize the receiver to take possession of real and personal property and sue for, collect, and sell obligations on conditions and for purposes the court directs. It may also authorize the receiver to administer, collect, improve, lease, repair, or sell property under section 3007 as directed. A receiver managing residential or commercial property must show expertise in managing that type of property. (2) Unless the court expressly authorizes it, the receiver may not hire attorneys, accountants, appraisers, auctioneers, or other professionals. (c) Duration. The receivership ends at judgment or when an appeal of the judgment ends, unless the court continues it under section 3203(e) or otherwise orders continuation. (d) Accounts and reports. The receiver must keep written accounts listing receipts and expenditures, describing the property, and naming the depository for receivership funds. Anyone apparently interested in the property may inspect the accounts. The receiver must file reports at intervals set by the court and serve copies on the debtor and the United States. (e) Changes and removal. The appointing court may, on the receiver’s motion or on its own, remove the receiver or change the receiver’s powers at any time. (f) Priority. If more than one court appoints a receiver for the same property, the receiver who first qualifies under law is entitled to possession, control, or custody. (g) Compensation. (1) The receiver may receive commissions allowed by the court, but normally not more than 5 percent of money received and paid out, unless the court directs otherwise. (2) If no funds remain with the receiver when the receivership ends, the court may set compensation based on services and order the party that sought the appointment to pay it, along with unpaid necessary expenses. (3) At the end, the receiver must file a final account of receipts and payments and request compensation, stating the amount sought and services performed.

the actual law source: uscode.house.gov ↗public domain
(a)Appointment of a Receiver.—

If the requirements of section 3101 are satisfied, a court may appoint a receiver for property in which the debtor has a substantial nonexempt interest if the United States shows reasonable cause to believe that there is a substantial danger that the property will be removed from the jurisdiction of the court, lost, concealed, materially injured or damaged, or mismanaged.

(b)Powers of Receiver.—
(1)

The appointing court may authorize a receiver—

(A)

to take possession of real and personal property and sue for, collect, and sell obligations upon such conditions and for such purposes as the court shall direct; and

(B)

to administer, collect, improve, lease, repair or sell pursuant to section 3007 such real and personal property as the court shall direct.

A receiver appointed to manage residential or commercial property shall have demonstrable expertise in the management of these types of property.

(2)

Unless expressly authorized by order of the court, a receiver shall have no power to employ attorneys, accountants, appraisers, auctioneers, or other professional persons.

(c)Duration of Receivership.—

A receivership shall not continue past the entry of judgment, or the conclusion of an appeal of such judgment, unless the court orders it continued under section 3203(e) or unless the court otherwise directs its continuation.

(d)Accounts; Requirement to Report.—

A receiver shall keep written accounts itemizing receipts and expenditures, describing the property and naming the depository of receivership funds. The receiver’s accounts shall be open to inspection by any person having an apparent interest in the property. The receiver shall file reports at regular intervals as directed by the court and shall serve the debtor and the United States with a copy thereof.

(e)Modification of Powers; Removal.—

On motion of the receiver or on its own initiative, the court which appointed the receiver may remove the receiver or modify the receiver’s powers at any time.

(f)Priority.—

If more than one court appoints a receiver for particular property, the receiver first qualifying under law shall be entitled to take possession, control, or custody of the property.

(g)Compensation of Receivers.—
(1)

A receiver is entitled to such commissions, not exceeding 5 percent of the sums received and disbursed by him, as the court allows unless the court otherwise directs.

(2)

If, at the termination of a receivership, there are no funds in the hands of a receiver, the court may fix the compensation of the receiver in accordance with the services rendered and may direct the party who moved for the appointment of the receiver to pay such compensation in addition to the necessary expenditures incurred by the receiver which remain unpaid.

(3)

At the termination of a receivership, the receiver shall file a final accounting of the receipts and disbursements and apply for compensation setting forth the amount sought and the services rendered by the receiver.

Source credit: (Added Pub. L. 101–647, title XXXVI, § 3611, Nov. 29, 1990, 104 Stat. 4944.)

history & why it existsrecord from the source credit
  • 1990Enacted · Pub. L. 101-647 · 104 Stat. 4944

A history note hasn’t been published yet. The record shows enactment by Pub. L. 101-647 on 1990-11-29.

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