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MO HB765
Bill
Status
1/29/2015
Primary Sponsor
Caleb Jones
Click for details
AI Summary
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Repeals three existing receivership statutes (515.240, 515.250, 515.260) and replaces them with 34 new sections creating a comprehensive "Missouri Commercial Receivership Act" governing court-appointed receivers for commercial entities
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Establishes two types of receivers: general receivers (appointed over all or substantially all of a debtor's property with liquidation powers) and limited receivers (appointed over specific property for preservation or liquidation)
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Creates an automatic stay upon appointment of a general receiver, halting lawsuits, judgments, and collection efforts against the debtor for 60 days, with exceptions for criminal proceedings, family support matters, and government regulatory actions
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Defines detailed claims administration procedures including 30-day filing deadlines for creditors, priority payment structure (secured creditors first, then administrative expenses, wages up to $10,950, consumer deposits up to $2,425, family support, taxes, then unsecured claims)
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Grants receivers broad powers including operating debtor businesses, assuming or rejecting contracts and leases, selling property free and clear of liens, and pursuing fraudulent transfer claims, while providing absolute judicial immunity for receivers acting in good faith
Legislative Description
Establishes the Missouri Commercial Receivership Act
Last Action
Referred: Select Committee on Judiciary(H)
4/29/2015