28 U.S.C. § 3103: Receivership

Summary

A court may name a receiver to take charge of property when the legal requirements are met and the United States shows good reason to believe the property might be moved out of the court’s reach, lost, hidden, badly damaged, or handled poorly, and the debtor has a substantial interest that is not protected by exemptions. The court can give the receiver power to take possession, sue to collect debts, manage, lease, repair, improve, or sell the property as the court directs. A receiver handling homes or business buildings must have proven experience managing those kinds of properties. The receiver cannot hire lawyers or other professionals unless the court allows it. The receiver must keep written records of money in and out, describe the property, say where funds are kept, file regular reports for the court, and let interested parties inspect the books. The court can change or remove the receiver at any time. If more than one court appoints a receiver, the first one who legally qualifies has priority. The court may allow pay up to 5 percent of sums handled, set other pay if no funds remain, and the receiver must file a final accounting and request payment when the job ends.

Title 28, §3103

Judiciary and Judicial Procedure, Source: USLM XML via OLRC

(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.

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Section effective 180 days after Nov. 29, 1990, and applicable with respect to certain actions for debts owed the United States pending in court on that

Effective Date

, see section 3631 of Pub. L. 101–647, set out as a note under section 3001 of this title.

§3103 Receivership

Summary

Title 28, §3103

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata