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MI HB5336

Bill

Status

Passed

10/14/2020

Primary Sponsor

Brandt Iden

Click for details

Origin

House of Representatives

100th Legislature

AI Summary

HB 5336 Summary

  • Renames the "uniform commercial real estate receivership act" to the "receivership act" and expands its application beyond real estate to include personal property receiverships.

  • Allows court appointment of receivers for commercial property (real and personal) under specified circumstances, including property waste, voidable transactions, judgment enforcement, and security agreement defaults.

  • Establishes receiver selection procedures requiring sufficient competence and qualifications, with parties able to nominate receivers subject to court approval and disqualification standards based on conflicts of interest and affiliate relationships.

  • Grants receivers broad powers to collect, manage, operate, and dispose of receivership property, including authority to incur ordinary business expenses, engage professionals with court approval, and conduct examinations under oath regarding receivership matters.

  • Requires owners to cooperate with receivers by preserving property, providing creditor lists within 7 days, disclosing access information, and submitting to examination; allows courts to award damages and sanction non-compliance as contempt.

Legislative Description

Civil procedure: remedies; uniform commercial real estate receivership act; modify. Amends title & secs. 1, 2, 3, 4, 5, 6, 7, 11, 12, 13, 14, 15, 16, 18, 19, 20, 21 & 25 of 2018 PA 16 (MCL 554.1011 et seq.).

Property: other

Last Action

Assigned Pa 210'20 With Immediate Effect

10/14/2020

Committee Referrals

Judiciary And Public Safety3/4/2020
Judiciary1/15/2020

Full Bill Text

No bill text available