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MO HB765

Bill

Status

Introduced

1/29/2015

Primary Sponsor

Caleb Jones

Click for details

Origin

House of Representatives

2015 Regular Session

AI Summary

  • 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

  • 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)

  • 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

  • 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)

  • 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

Committee Referrals

Select Committee on Judiciary4/29/2015
Civil and Criminal Proceedings2/25/2015

Full Bill Text

No bill text available