Kansas Statutes

Chapter 60: Procedure, Civil

Article 13: Receivers

Statutes:

• 60-1301: Appointment.
• 60-1302: Oath and bond.
• 60-1303: Powers.
• 60-1304: Petition for appointment; specifications; notice; bond; application to nonresidents.
• 60-1305: Appeal.

• 60-1301: Appointment. A justice of the supreme court, a judge of the court of appeals or a district judge, or in the district judge's absence from the county a district magistrate judge, shall have authority to appoint a receiver in conformity with the provisions of K.S.A. 60-1302 and 60-1303, and amendments thereto, whose duty it shall be to keep, preserve, and manage all property and protect any business or business interest entrusted to the receiver pending the determination of any proceeding in which such property or interest may be affected by the final judgment. A person who has an interest in property or in the outcome of the proceeding shall not be appointed or continued as a receiver if objection is made thereto by another interested party unless the judge finds and rules that such objection is arbitrary or unreasonable.

        History:   L. 1963, ch. 303, 60-1301; L. 1967, ch. 326, § 1; L. 1976, ch. 251, § 22; L. 1986, ch. 115, § 91; Jan. 12, 1987.

• 60-1302: Oath and bond. The receiver shall before entering upon his or her duties, (1) be sworn to perform them faithfully, and (2) execute a bond with sufficient sureties to such persons on such conditions and in such sum as the judge shall direct. Additional bond may be required or the bond may be reduced by the court at any time.

        History:   L. 1963, ch. 303, 60-1302; L. 1967, ch. 326, § 2; April 28.

• 60-1303: Powers. The receiver shall perform such acts respecting the property or business as the judge may authorize.

        History:   L. 1963, ch. 303, 60-1303; Jan. 1, 1964.

• 60-1304: Petition for appointment; specifications; notice; bond; application to nonresidents. A receiver shall not be appointed unless: (a) The petition or application for appointment specifies, to the extent known to the petitioner or applicant, the general character and probable value of the property, business or business interest for which the appointment is sought, and, if real property is involved, the estimated annual income therefrom; (b) notice and an opportunity to be heard is given to the interested parties, including any person or persons known to be in possession of all or any part of such property, business or business interest, unless the judge shall, after the introduction of evidence and a record of the proceeding is made, make a finding that immediate and irreparable injury is likely to result, and shall set forth in the order the probable nature of such immediate and irreparable injury. The judge may also require the petitioner or applicant to execute a bond, on such terms as the judge may direct, which bond shall not be a substitute for or in lieu of the bond of the receiver required in K.S.A. 60-1302. This section shall not apply where the defendant is a nonresident or a foreign corporation not authorized to do business in this state.

        History:   L. 1963, ch. 303, 60-1304; L. 1967, ch. 326, § 3; April 28.

• 60-1305: Appeal. An aggrieved party may, within ten (10) days, appeal from an order appointing or refusing to appoint a receiver without awaiting final determination of the proceeding. If a receiver has been appointed and the appellant files an appeal bond with such terms and conditions as the judge may direct, the appointment shall be suspended and the property retained in the possession of the appellant pending the final determination of the appeal.

        History:   L. 1963, ch. 303, 60-1305; Jan. 1, 1964.