IC 32-30-5-1 Appointment of receivers; cases
Sec. 1. A receiver may be appointed by the court in the following
cases:
(1) In an action by a vendor to vacate a fraudulent purchase of
property or by a creditor to subject any property or fund to the
creditor's claim.
(2) In actions between partners or persons jointly interested in
any property or fund.
(3) In all actions when it is shown that the property, fund or
rent, and profits in controversy are in danger of being lost,
removed, or materially injured.
(4) In actions in which a mortgagee seeks to foreclose a
mortgage. However, upon motion by the mortgagee, the court
shall appoint a receiver if, at the time the motion is filed, the
property is not occupied by the owner as the owner's principal
residence and:
(A) it appears that the property is in danger of being lost,
removed, or materially injured;
(B) it appears that the property may not be sufficient to
discharge the mortgaged debt;
(C) either the mortgagor or the owner of the property has
agreed in the mortgage or in some other writing to the
appointment of a receiver;
(D) a person not personally liable for the debt secured by the
mortgage has, or is entitled to, possession of all or a portion
of the property;
(E) the owner of the property is not personally liable for the
debt secured by the mortgage; or
(F) all or any portion of the property is being, or is intended
to be, leased for any purpose.
(5) When a corporation:
(A) has been dissolved;
(B) is insolvent;
(C) is in imminent danger of insolvency; or
(D) has forfeited its corporate rights.
(6) To protect or preserve, during the time allowed for
redemption, any real estate or interest in real estate sold on
execution or order of sale, and to secure rents and profits to the
person entitled to the rents and profits.
(7) In other cases as may be provided by law or where, in the
discretion of the court, it may be necessary to secure ample
justice to the parties. As added by P.L.2-2002, SEC.15.
IC 32-30-5-2 Persons prohibited from being appointed in particular action
Sec. 2. A court may not appoint:
(1) a party;
(2) an attorney representing a party; or
(3) another person interested in an action;
as a receiver in that action. As added by P.L.2-2002, SEC.15.
IC 32-30-5-3 Receivers; oath; surety
Sec. 3. Before beginning duties as a receiver, the receiver must:
(1) swear to perform the duties of a receiver faithfully; and
(2) with one (1) or more sureties approved by the court or
judge, execute a written undertaking, payable to such person as
the court or the judge directs, to the effect that the receiver will:
(A) faithfully discharge the duties of receiver in the action;
and
(B) obey the orders of the court or judge. As added by P.L.2-2002, SEC.15.
IC 32-30-5-4 Money or things controlled by party; delivery
Sec. 4. If it is admitted by the pleading or examination of a party
that the party has in the party's possession or under the party's control
any money or other thing capable of delivery, which:
(1) is the subject of the litigation;
(2) is held by the party as trustee for another party; or
(3) belongs or is due to another party;
the court or the judge may order the money or thing to be deposited
in court or with the clerk, or delivered to the other party, with or
without security, subject to the further order of the court or the judge. As added by P.L.2-2002, SEC.15.
IC 32-30-5-5 Disobeyed order; delivery of money or thing; deposit
Sec. 5. If:
(1) in the exercise of its authority, a court or judge has ordered
the deposit or delivery of money or another thing; and
(2) the order is disobeyed;
the court or the judge, besides punishing the disobedience as
contempt, may make an order requiring the sheriff to take the money
or thing and deposit it or deliver it in conformity with the direction
of the court or judge. As added by P.L.2-2002, SEC.15. Amended by P.L.1-2003, SEC.85.
IC 32-30-5-6 Loan of deposited money prohibited; permitted with consent of
parties
Sec. 6. Money deposited or paid into court or with the clerk in an
action may not be loaned out unless consent is obtained from all
parties having an interest in or making claim to the money.
As added by P.L.2-2002, SEC.15.
IC 32-30-5-7 Receiver's powers
Sec. 7. The receiver may, under control of the court or the judge:
(1) bring and defend actions;
(2) take and keep possession of the property;
(3) receive rents;
(4) collect debts; and
(5) sell property;
in the receiver's own name, and generally do other acts respecting
the property as the court or judge may authorize. As added by P.L.2-2002, SEC.15. Amended by P.L.177-2003, SEC.1.
IC 32-30-5-8 Defendant's admission; partial satisfaction of claim
Sec. 8. If the answer of the defendant admits part of the plaintiff's
claim to be just, the court, on motion, may order the defendant to
satisfy that part of the claim and may enforce the order by execution. As added by P.L.2-2002, SEC.15.
IC 32-30-5-9 Time of receiver's appointment
Sec. 9. Receivers may not be appointed in any case until the
adverse party has appeared or has had reasonable notice of the
application for the appointment, except upon sufficient cause shown
by affidavit. As added by P.L.2-2002, SEC.15.
IC 32-30-5-10 Appeal; suspension of receiver's authority; surety
Sec. 10. (a) In all cases commenced or pending in any Indiana
court in which a receiver may be appointed or refused, the party
aggrieved may, within ten (10) days after the court's decision, appeal
the court's decision to the supreme court without awaiting the final
determination of the case.
(b) In cases where a receiver will be or has been appointed, upon
the appellant filing of an appeal bond:
(1) with sufficient surety;
(2) in the same amount as was required of the receiver; and
(3) conditioned for the due prosecution of the appeal and the
payment of all costs or damages that may accrue to any officer
or person because of the appeal;
the authority of the receiver shall be suspended until the final
determination of the appeal. As added by P.L.2-2002, SEC.15.
IC 32-30-5-11 Actions by a receiver; pleadings
Sec. 11. In any suit or action by a receiver appointed by any court
of record in Indiana, it is only necessary for the receiver, in the
receiver's complaint or pleading, to state:
(1) the court;
(2) the cause of action in which the receiver was appointed; and
(3) the date on which the receiver was appointed.
Proof of the appointment is not required on the trial of the cause
unless the appointment is specially denied, in addition to the general
denial filed in the cause. As added by P.L.2-2002, SEC.15.
IC 32-30-5-12 Clerk's record book
Sec. 12. The clerk of the court of each county shall keep a record
book suitable to enter and record statements of assets and liabilities. As added by P.L.2-2002, SEC.15.
IC 32-30-5-13 Claims filed with receiver
Sec. 13. All claims against the assets in the hands of the receiver
that are filed with the receiver shall be filed by the receiver with the
clerk of the court in which the receivership is pending. The clerk
shall record the claims with the statements under this chapter,
resulting in a complete record of the assets and liabilities of the
receivership. As added by P.L.2-2002, SEC.15.
IC 32-30-5-14 Receiver's report
Sec. 14. In all receiverships pending or begun in any court, the
receiver, within the time as may be fixed by an order of the court in
which the receivership is pending, shall file with the court an account
or report in partial or final settlement of the liquidation or
receivership proceedings. As added by P.L.2-2002, SEC.15.
IC 32-30-5-15 Receiver's report; requirements
Sec. 15. The account or report required by section 14 of this
chapter must set forth all:
(1) receipts and disbursements to the date of the accounting;
and
(2) other appropriate information relative to the:
(A) administration of the receivership;
(B) liquidation of the receivership; and
(C) declaration and payment of dividends. As added by P.L.2-2002, SEC.15.
IC 32-30-5-16 Receiver's report; filing deadline; petition for court order
Sec. 16. If an account is not filed within one (1) year after the date
when the receiver took possession of the assets and effects of the
receivership, any party interested may petition the court for an order
requiring the filing of an account. As added by P.L.2-2002, SEC.15.
IC 32-30-5-17 Receiver's report; hearing; notice
Sec. 17. (a) Except as provided in subsection (d), upon the filing
of an account or report, the clerk of the court in which the
receivership is pending shall give notice of the date on which the
account or report is to be heard and determined by the court.
(b) The clerk shall give the notice required by subsection (a) by
publication, once each week for three (3) successive weeks in two (2)
newspapers of general circulation published or circulated within the
county.
(c) The date in the notice on which the account or report is to be
heard and determined by the court shall be fixed not less than thirty
(30) days after the date of the filing of the account or report.
(d) Publication is not required under this section if the
receivership is ancillary to a mortgage foreclosure. As added by P.L.2-2002, SEC.15.
IC 32-30-5-18 Objections to receiver's report
Sec. 18. (a) During the thirty (30) day period referred to in section
17 of this chapter, any creditor, shareholder, or other interested party
may file objections or exceptions in writing to the account or report.
(b) Any objections or exceptions to the matters and things
contained in an account or report and to the receiver's acts reported
in the report or account that are not filed within the thirty (30) day
period referred to in section 17 of this chapter are forever barred for
all purposes. As added by P.L.2-2002, SEC.15.
IC 32-30-5-19 Objections to receiver's report; hearing
Sec. 19. At the expiration of the thirty (30) day period referred to
in section 17 of this chapter, the court shall, without delay:
(1) proceed with the hearing and determination of the
objections or exceptions;
(2) pass upon the account or report;
(3) order the payment of a partial or final dividend; and
(4) make other appropriate orders. As added by P.L.2-2002, SEC.15.
IC 32-30-5-20 Court approval of partial report; release of surety
Sec. 20. The court's approval of a receiver's partial account or
report, as provided in section 14 of this chapter, releases and
discharges the receiver and the surety on the receiver's bond for all
matters and things related to or contained in the partial account or
report. As added by P.L.2-2002, SEC.15.
IC 32-30-5-21 Court approval of final report; discharge of surety; settlement of
receivership
Sec. 21. Upon the:
(1) court's approval of the receiver's final account or report, as
provided in section 14 of this chapter; and
(2) receiver's performance and compliance with the court's order
made on the final report;
the receiver and the surety on the receiver's bond shall be fully and
finally discharged and the court shall declare the receivership estate
finally settled and closed subject to the right of appeal of the receiver
or any creditor, shareholder, or other interested party who has filed
objections or exceptions as provided in section 18 of this chapter. As added by P.L.2-2002, SEC.15.
IC 32-30-5-22 Receivership estate; change of judge or venue
Sec. 22. (a) This section applies to any action, proceeding, or
matter relating to or involving a receivership estate.
(b) Except as provided in subsections (c) and (d), a party to a
proceeding described in subsection (a) is entitled to a change of
judge or a change of venue from the county for the same reasons and
upon the same terms and conditions under which a change of judge
or a change of venue from the county is allowed in any civil action.
(c) This section does not authorize a change of venue from the
county:
(1) concerning expenses allowed by the court incidental to the
operation, management, or administration of the receivership
estate;
(2) upon any petition or proceeding to remove a receiver; or
(3) upon the objections or exceptions to any partial or final
account or report of any receiver.
(d) A change of venue is not allowed from the county of the
administration of any receivership estate, or upon any petition or
proceeding to remove a receiver, or upon objections or exceptions to
a partial or final account or report of a receiver. As added by P.L.2-2002, SEC.15.
IC 32-30-5-1 Appointment of receivers; cases
Sec. 1. A receiver may be appointed by the court in the following
cases:
(1) In an action by a vendor to vacate a fraudulent purchase of
property or by a creditor to subject any property or fund to the
creditor's claim.
(2) In actions between partners or persons jointly interested in
any property or fund.
(3) In all actions when it is shown that the property, fund or
rent, and profits in controversy are in danger of being lost,
removed, or materially injured.
(4) In actions in which a mortgagee seeks to foreclose a
mortgage. However, upon motion by the mortgagee, the court
shall appoint a receiver if, at the time the motion is filed, the
property is not occupied by the owner as the owner's principal
residence and:
(A) it appears that the property is in danger of being lost,
removed, or materially injured;
(B) it appears that the property may not be sufficient to
discharge the mortgaged debt;
(C) either the mortgagor or the owner of the property has
agreed in the mortgage or in some other writing to the
appointment of a receiver;
(D) a person not personally liable for the debt secured by the
mortgage has, or is entitled to, possession of all or a portion
of the property;
(E) the owner of the property is not personally liable for the
debt secured by the mortgage; or
(F) all or any portion of the property is being, or is intended
to be, leased for any purpose.
(5) When a corporation:
(A) has been dissolved;
(B) is insolvent;
(C) is in imminent danger of insolvency; or
(D) has forfeited its corporate rights.
(6) To protect or preserve, during the time allowed for
redemption, any real estate or interest in real estate sold on
execution or order of sale, and to secure rents and profits to the
person entitled to the rents and profits.
(7) In other cases as may be provided by law or where, in the
discretion of the court, it may be necessary to secure ample
justice to the parties. As added by P.L.2-2002, SEC.15.
IC 32-30-5-2 Persons prohibited from being appointed in particular action
Sec. 2. A court may not appoint:
(1) a party;
(2) an attorney representing a party; or
(3) another person interested in an action;
as a receiver in that action. As added by P.L.2-2002, SEC.15.
IC 32-30-5-3 Receivers; oath; surety
Sec. 3. Before beginning duties as a receiver, the receiver must:
(1) swear to perform the duties of a receiver faithfully; and
(2) with one (1) or more sureties approved by the court or
judge, execute a written undertaking, payable to such person as
the court or the judge directs, to the effect that the receiver will:
(A) faithfully discharge the duties of receiver in the action;
and
(B) obey the orders of the court or judge. As added by P.L.2-2002, SEC.15.
IC 32-30-5-4 Money or things controlled by party; delivery
Sec. 4. If it is admitted by the pleading or examination of a party
that the party has in the party's possession or under the party's control
any money or other thing capable of delivery, which:
(1) is the subject of the litigation;
(2) is held by the party as trustee for another party; or
(3) belongs or is due to another party;
the court or the judge may order the money or thing to be deposited
in court or with the clerk, or delivered to the other party, with or
without security, subject to the further order of the court or the judge. As added by P.L.2-2002, SEC.15.
IC 32-30-5-5 Disobeyed order; delivery of money or thing; deposit
Sec. 5. If:
(1) in the exercise of its authority, a court or judge has ordered
the deposit or delivery of money or another thing; and
(2) the order is disobeyed;
the court or the judge, besides punishing the disobedience as
contempt, may make an order requiring the sheriff to take the money
or thing and deposit it or deliver it in conformity with the direction
of the court or judge. As added by P.L.2-2002, SEC.15. Amended by P.L.1-2003, SEC.85.
IC 32-30-5-6 Loan of deposited money prohibited; permitted with consent of
parties
Sec. 6. Money deposited or paid into court or with the clerk in an
action may not be loaned out unless consent is obtained from all
parties having an interest in or making claim to the money.
As added by P.L.2-2002, SEC.15.
IC 32-30-5-7 Receiver's powers
Sec. 7. The receiver may, under control of the court or the judge:
(1) bring and defend actions;
(2) take and keep possession of the property;
(3) receive rents;
(4) collect debts; and
(5) sell property;
in the receiver's own name, and generally do other acts respecting
the property as the court or judge may authorize. As added by P.L.2-2002, SEC.15. Amended by P.L.177-2003, SEC.1.
IC 32-30-5-8 Defendant's admission; partial satisfaction of claim
Sec. 8. If the answer of the defendant admits part of the plaintiff's
claim to be just, the court, on motion, may order the defendant to
satisfy that part of the claim and may enforce the order by execution. As added by P.L.2-2002, SEC.15.
IC 32-30-5-9 Time of receiver's appointment
Sec. 9. Receivers may not be appointed in any case until the
adverse party has appeared or has had reasonable notice of the
application for the appointment, except upon sufficient cause shown
by affidavit. As added by P.L.2-2002, SEC.15.
IC 32-30-5-10 Appeal; suspension of receiver's authority; surety
Sec. 10. (a) In all cases commenced or pending in any Indiana
court in which a receiver may be appointed or refused, the party
aggrieved may, within ten (10) days after the court's decision, appeal
the court's decision to the supreme court without awaiting the final
determination of the case.
(b) In cases where a receiver will be or has been appointed, upon
the appellant filing of an appeal bond:
(1) with sufficient surety;
(2) in the same amount as was required of the receiver; and
(3) conditioned for the due prosecution of the appeal and the
payment of all costs or damages that may accrue to any officer
or person because of the appeal;
the authority of the receiver shall be suspended until the final
determination of the appeal. As added by P.L.2-2002, SEC.15.
IC 32-30-5-11 Actions by a receiver; pleadings
Sec. 11. In any suit or action by a receiver appointed by any court
of record in Indiana, it is only necessary for the receiver, in the
receiver's complaint or pleading, to state:
(1) the court;
(2) the cause of action in which the receiver was appointed; and
(3) the date on which the receiver was appointed.
Proof of the appointment is not required on the trial of the cause
unless the appointment is specially denied, in addition to the general
denial filed in the cause. As added by P.L.2-2002, SEC.15.
IC 32-30-5-12 Clerk's record book
Sec. 12. The clerk of the court of each county shall keep a record
book suitable to enter and record statements of assets and liabilities. As added by P.L.2-2002, SEC.15.
IC 32-30-5-13 Claims filed with receiver
Sec. 13. All claims against the assets in the hands of the receiver
that are filed with the receiver shall be filed by the receiver with the
clerk of the court in which the receivership is pending. The clerk
shall record the claims with the statements under this chapter,
resulting in a complete record of the assets and liabilities of the
receivership. As added by P.L.2-2002, SEC.15.
IC 32-30-5-14 Receiver's report
Sec. 14. In all receiverships pending or begun in any court, the
receiver, within the time as may be fixed by an order of the court in
which the receivership is pending, shall file with the court an account
or report in partial or final settlement of the liquidation or
receivership proceedings. As added by P.L.2-2002, SEC.15.
IC 32-30-5-15 Receiver's report; requirements
Sec. 15. The account or report required by section 14 of this
chapter must set forth all:
(1) receipts and disbursements to the date of the accounting;
and
(2) other appropriate information relative to the:
(A) administration of the receivership;
(B) liquidation of the receivership; and
(C) declaration and payment of dividends. As added by P.L.2-2002, SEC.15.
IC 32-30-5-16 Receiver's report; filing deadline; petition for court order
Sec. 16. If an account is not filed within one (1) year after the date
when the receiver took possession of the assets and effects of the
receivership, any party interested may petition the court for an order
requiring the filing of an account. As added by P.L.2-2002, SEC.15.
IC 32-30-5-17 Receiver's report; hearing; notice
Sec. 17. (a) Except as provided in subsection (d), upon the filing
of an account or report, the clerk of the court in which the
receivership is pending shall give notice of the date on which the
account or report is to be heard and determined by the court.
(b) The clerk shall give the notice required by subsection (a) by
publication, once each week for three (3) successive weeks in two (2)
newspapers of general circulation published or circulated within the
county.
(c) The date in the notice on which the account or report is to be
heard and determined by the court shall be fixed not less than thirty
(30) days after the date of the filing of the account or report.
(d) Publication is not required under this section if the
receivership is ancillary to a mortgage foreclosure. As added by P.L.2-2002, SEC.15.
IC 32-30-5-18 Objections to receiver's report
Sec. 18. (a) During the thirty (30) day period referred to in section
17 of this chapter, any creditor, shareholder, or other interested party
may file objections or exceptions in writing to the account or report.
(b) Any objections or exceptions to the matters and things
contained in an account or report and to the receiver's acts reported
in the report or account that are not filed within the thirty (30) day
period referred to in section 17 of this chapter are forever barred for
all purposes. As added by P.L.2-2002, SEC.15.
IC 32-30-5-19 Objections to receiver's report; hearing
Sec. 19. At the expiration of the thirty (30) day period referred to
in section 17 of this chapter, the court shall, without delay:
(1) proceed with the hearing and determination of the
objections or exceptions;
(2) pass upon the account or report;
(3) order the payment of a partial or final dividend; and
(4) make other appropriate orders. As added by P.L.2-2002, SEC.15.
IC 32-30-5-20 Court approval of partial report; release of surety
Sec. 20. The court's approval of a receiver's partial account or
report, as provided in section 14 of this chapter, releases and
discharges the receiver and the surety on the receiver's bond for all
matters and things related to or contained in the partial account or
report. As added by P.L.2-2002, SEC.15.
IC 32-30-5-21 Court approval of final report; discharge of surety; settlement of
receivership
Sec. 21. Upon the:
(1) court's approval of the receiver's final account or report, as
provided in section 14 of this chapter; and
(2) receiver's performance and compliance with the court's order
made on the final report;
the receiver and the surety on the receiver's bond shall be fully and
finally discharged and the court shall declare the receivership estate
finally settled and closed subject to the right of appeal of the receiver
or any creditor, shareholder, or other interested party who has filed
objections or exceptions as provided in section 18 of this chapter. As added by P.L.2-2002, SEC.15.
IC 32-30-5-22 Receivership estate; change of judge or venue
Sec. 22. (a) This section applies to any action, proceeding, or
matter relating to or involving a receivership estate.
(b) Except as provided in subsections (c) and (d), a party to a
proceeding described in subsection (a) is entitled to a change of
judge or a change of venue from the county for the same reasons and
upon the same terms and conditions under which a change of judge
or a change of venue from the county is allowed in any civil action.
(c) This section does not authorize a change of venue from the
county:
(1) concerning expenses allowed by the court incidental to the
operation, management, or administration of the receivership
estate;
(2) upon any petition or proceeding to remove a receiver; or
(3) upon the objections or exceptions to any partial or final
account or report of any receiver.
(d) A change of venue is not allowed from the county of the
administration of any receivership estate, or upon any petition or
proceeding to remove a receiver, or upon objections or exceptions to
a partial or final account or report of a receiver. As added by P.L.2-2002, SEC.15.
IC 32-30-5-1 Appointment of receivers; cases
Sec. 1. A receiver may be appointed by the court in the following
cases:
(1) In an action by a vendor to vacate a fraudulent purchase of
property or by a creditor to subject any property or fund to the
creditor's claim.
(2) In actions between partners or persons jointly interested in
any property or fund.
(3) In all actions when it is shown that the property, fund or
rent, and profits in controversy are in danger of being lost,
removed, or materially injured.
(4) In actions in which a mortgagee seeks to foreclose a
mortgage. However, upon motion by the mortgagee, the court
shall appoint a receiver if, at the time the motion is filed, the
property is not occupied by the owner as the owner's principal
residence and:
(A) it appears that the property is in danger of being lost,
removed, or materially injured;
(B) it appears that the property may not be sufficient to
discharge the mortgaged debt;
(C) either the mortgagor or the owner of the property has
agreed in the mortgage or in some other writing to the
appointment of a receiver;
(D) a person not personally liable for the debt secured by the
mortgage has, or is entitled to, possession of all or a portion
of the property;
(E) the owner of the property is not personally liable for the
debt secured by the mortgage; or
(F) all or any portion of the property is being, or is intended
to be, leased for any purpose.
(5) When a corporation:
(A) has been dissolved;
(B) is insolvent;
(C) is in imminent danger of insolvency; or
(D) has forfeited its corporate rights.
(6) To protect or preserve, during the time allowed for
redemption, any real estate or interest in real estate sold on
execution or order of sale, and to secure rents and profits to the
person entitled to the rents and profits.
(7) In other cases as may be provided by law or where, in the
discretion of the court, it may be necessary to secure ample
justice to the parties. As added by P.L.2-2002, SEC.15.
IC 32-30-5-2 Persons prohibited from being appointed in particular action
Sec. 2. A court may not appoint:
(1) a party;
(2) an attorney representing a party; or
(3) another person interested in an action;
as a receiver in that action. As added by P.L.2-2002, SEC.15.
IC 32-30-5-3 Receivers; oath; surety
Sec. 3. Before beginning duties as a receiver, the receiver must:
(1) swear to perform the duties of a receiver faithfully; and
(2) with one (1) or more sureties approved by the court or
judge, execute a written undertaking, payable to such person as
the court or the judge directs, to the effect that the receiver will:
(A) faithfully discharge the duties of receiver in the action;
and
(B) obey the orders of the court or judge. As added by P.L.2-2002, SEC.15.
IC 32-30-5-4 Money or things controlled by party; delivery
Sec. 4. If it is admitted by the pleading or examination of a party
that the party has in the party's possession or under the party's control
any money or other thing capable of delivery, which:
(1) is the subject of the litigation;
(2) is held by the party as trustee for another party; or
(3) belongs or is due to another party;
the court or the judge may order the money or thing to be deposited
in court or with the clerk, or delivered to the other party, with or
without security, subject to the further order of the court or the judge. As added by P.L.2-2002, SEC.15.
IC 32-30-5-5 Disobeyed order; delivery of money or thing; deposit
Sec. 5. If:
(1) in the exercise of its authority, a court or judge has ordered
the deposit or delivery of money or another thing; and
(2) the order is disobeyed;
the court or the judge, besides punishing the disobedience as
contempt, may make an order requiring the sheriff to take the money
or thing and deposit it or deliver it in conformity with the direction
of the court or judge. As added by P.L.2-2002, SEC.15. Amended by P.L.1-2003, SEC.85.
IC 32-30-5-6 Loan of deposited money prohibited; permitted with consent of
parties
Sec. 6. Money deposited or paid into court or with the clerk in an
action may not be loaned out unless consent is obtained from all
parties having an interest in or making claim to the money.
As added by P.L.2-2002, SEC.15.
IC 32-30-5-7 Receiver's powers
Sec. 7. The receiver may, under control of the court or the judge:
(1) bring and defend actions;
(2) take and keep possession of the property;
(3) receive rents;
(4) collect debts; and
(5) sell property;
in the receiver's own name, and generally do other acts respecting
the property as the court or judge may authorize. As added by P.L.2-2002, SEC.15. Amended by P.L.177-2003, SEC.1.
IC 32-30-5-8 Defendant's admission; partial satisfaction of claim
Sec. 8. If the answer of the defendant admits part of the plaintiff's
claim to be just, the court, on motion, may order the defendant to
satisfy that part of the claim and may enforce the order by execution. As added by P.L.2-2002, SEC.15.
IC 32-30-5-9 Time of receiver's appointment
Sec. 9. Receivers may not be appointed in any case until the
adverse party has appeared or has had reasonable notice of the
application for the appointment, except upon sufficient cause shown
by affidavit. As added by P.L.2-2002, SEC.15.
IC 32-30-5-10 Appeal; suspension of receiver's authority; surety
Sec. 10. (a) In all cases commenced or pending in any Indiana
court in which a receiver may be appointed or refused, the party
aggrieved may, within ten (10) days after the court's decision, appeal
the court's decision to the supreme court without awaiting the final
determination of the case.
(b) In cases where a receiver will be or has been appointed, upon
the appellant filing of an appeal bond:
(1) with sufficient surety;
(2) in the same amount as was required of the receiver; and
(3) conditioned for the due prosecution of the appeal and the
payment of all costs or damages that may accrue to any officer
or person because of the appeal;
the authority of the receiver shall be suspended until the final
determination of the appeal. As added by P.L.2-2002, SEC.15.
IC 32-30-5-11 Actions by a receiver; pleadings
Sec. 11. In any suit or action by a receiver appointed by any court
of record in Indiana, it is only necessary for the receiver, in the
receiver's complaint or pleading, to state:
(1) the court;
(2) the cause of action in which the receiver was appointed; and
(3) the date on which the receiver was appointed.
Proof of the appointment is not required on the trial of the cause
unless the appointment is specially denied, in addition to the general
denial filed in the cause. As added by P.L.2-2002, SEC.15.
IC 32-30-5-12 Clerk's record book
Sec. 12. The clerk of the court of each county shall keep a record
book suitable to enter and record statements of assets and liabilities. As added by P.L.2-2002, SEC.15.
IC 32-30-5-13 Claims filed with receiver
Sec. 13. All claims against the assets in the hands of the receiver
that are filed with the receiver shall be filed by the receiver with the
clerk of the court in which the receivership is pending. The clerk
shall record the claims with the statements under this chapter,
resulting in a complete record of the assets and liabilities of the
receivership. As added by P.L.2-2002, SEC.15.
IC 32-30-5-14 Receiver's report
Sec. 14. In all receiverships pending or begun in any court, the
receiver, within the time as may be fixed by an order of the court in
which the receivership is pending, shall file with the court an account
or report in partial or final settlement of the liquidation or
receivership proceedings. As added by P.L.2-2002, SEC.15.
IC 32-30-5-15 Receiver's report; requirements
Sec. 15. The account or report required by section 14 of this
chapter must set forth all:
(1) receipts and disbursements to the date of the accounting;
and
(2) other appropriate information relative to the:
(A) administration of the receivership;
(B) liquidation of the receivership; and
(C) declaration and payment of dividends. As added by P.L.2-2002, SEC.15.
IC 32-30-5-16 Receiver's report; filing deadline; petition for court order
Sec. 16. If an account is not filed within one (1) year after the date
when the receiver took possession of the assets and effects of the
receivership, any party interested may petition the court for an order
requiring the filing of an account. As added by P.L.2-2002, SEC.15.
IC 32-30-5-17 Receiver's report; hearing; notice
Sec. 17. (a) Except as provided in subsection (d), upon the filing
of an account or report, the clerk of the court in which the
receivership is pending shall give notice of the date on which the
account or report is to be heard and determined by the court.
(b) The clerk shall give the notice required by subsection (a) by
publication, once each week for three (3) successive weeks in two (2)
newspapers of general circulation published or circulated within the
county.
(c) The date in the notice on which the account or report is to be
heard and determined by the court shall be fixed not less than thirty
(30) days after the date of the filing of the account or report.
(d) Publication is not required under this section if the
receivership is ancillary to a mortgage foreclosure. As added by P.L.2-2002, SEC.15.
IC 32-30-5-18 Objections to receiver's report
Sec. 18. (a) During the thirty (30) day period referred to in section
17 of this chapter, any creditor, shareholder, or other interested party
may file objections or exceptions in writing to the account or report.
(b) Any objections or exceptions to the matters and things
contained in an account or report and to the receiver's acts reported
in the report or account that are not filed within the thirty (30) day
period referred to in section 17 of this chapter are forever barred for
all purposes. As added by P.L.2-2002, SEC.15.
IC 32-30-5-19 Objections to receiver's report; hearing
Sec. 19. At the expiration of the thirty (30) day period referred to
in section 17 of this chapter, the court shall, without delay:
(1) proceed with the hearing and determination of the
objections or exceptions;
(2) pass upon the account or report;
(3) order the payment of a partial or final dividend; and
(4) make other appropriate orders. As added by P.L.2-2002, SEC.15.
IC 32-30-5-20 Court approval of partial report; release of surety
Sec. 20. The court's approval of a receiver's partial account or
report, as provided in section 14 of this chapter, releases and
discharges the receiver and the surety on the receiver's bond for all
matters and things related to or contained in the partial account or
report. As added by P.L.2-2002, SEC.15.
IC 32-30-5-21 Court approval of final report; discharge of surety; settlement of
receivership
Sec. 21. Upon the:
(1) court's approval of the receiver's final account or report, as
provided in section 14 of this chapter; and
(2) receiver's performance and compliance with the court's order
made on the final report;
the receiver and the surety on the receiver's bond shall be fully and
finally discharged and the court shall declare the receivership estate
finally settled and closed subject to the right of appeal of the receiver
or any creditor, shareholder, or other interested party who has filed
objections or exceptions as provided in section 18 of this chapter. As added by P.L.2-2002, SEC.15.
IC 32-30-5-22 Receivership estate; change of judge or venue
Sec. 22. (a) This section applies to any action, proceeding, or
matter relating to or involving a receivership estate.
(b) Except as provided in subsections (c) and (d), a party to a
proceeding described in subsection (a) is entitled to a change of
judge or a change of venue from the county for the same reasons and
upon the same terms and conditions under which a change of judge
or a change of venue from the county is allowed in any civil action.
(c) This section does not authorize a change of venue from the
county:
(1) concerning expenses allowed by the court incidental to the
operation, management, or administration of the receivership
estate;
(2) upon any petition or proceeding to remove a receiver; or
(3) upon the objections or exceptions to any partial or final
account or report of any receiver.
(d) A change of venue is not allowed from the county of the
administration of any receivership estate, or upon any petition or
proceeding to remove a receiver, or upon objections or exceptions to
a partial or final account or report of a receiver. As added by P.L.2-2002, SEC.15.
