Section 515.610

Title XXXV CIVIL PROCEDURE AND LIMITATIONS

Chapter 515

Effective - 28 Aug 2016   

  515.610.  Creditors bound by acts of receiver — right to notice and may appear in receivership — notice requirements. — 1.  Creditors and parties in interest to whom are given notice as provided by sections 515.500 to 515.665 and creditors or other persons submitting written claims in the receivership or otherwise appearing and participating in the receivership are bound by the acts of the receiver and the orders of the court relating to the receivership whether or not the person is a party to the receivership action.

  2.  Creditors and parties in interest have a right to notice and a hearing as provided in sections 515.500 to 515.665 whether or not the person is a party to the receivership action.

  3.  Any party in interest may appear in the receivership in the manner prescribed by court rule and shall file with the court a written notice including the name and mailing address of the party in interest, and the name and address of the party in interest's attorney, if any, with the clerk, and by serving a copy of the notice upon the receiver and the receiver's attorney of record, if any.  The receiver shall maintain a master mailing list of all parties and of all parties in interest that file and serve a notice of appearance in accordance with this subsection and such parties in interest's attorneys, if any.  The receiver shall make a copy of the current master mailing list available to any party or upon request.

  4.  Any request for relief against a state agency shall be mailed to or otherwise served on the agency and on the office of the attorney general.

  5.  The receiver shall give not less than ten days' written notice of any examination by the receiver of the debtor to all persons required to be identified on the master mailing list.

  6.  All persons required to be identified on the master mailing list are entitled to not less than thirty days' written notice of the hearing of any motion or other proceeding involving any proposed:

  (1)  Allowance or disallowance of any claim or claims;

  (2)  Abandonment, disposition, or distribution of estate property, other than an emergency disposition of property subject to eroding value or a disposition of estate property in the ordinary course of business;

  (3)  Compromise or settlement of a controversy that might affect the distribution to creditors from the receivership;

  (4)  Motion for termination of the receivership or removal or discharge of the receiver.  Notice of the motion shall also be sent to the department of revenue and other applicable regulatory agencies;

  (5)  Any opposition to any motion to authorize any of the actions under subdivisions (1) to (4) of this subsection shall be filed and served upon all persons required to be identified on the master mailing list at least ten days before the date of the proposed action.

  7.  Whenever notice is not specifically required to be given under sections 515.500 to 515.665 or otherwise by court rule, the court may consider motions and grant or deny relief without notice or hearing, unless a party or party in interest would be prejudiced or harmed by the relief requested.

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(L. 2016 H.B. 1765 merged with S.B. 578)