Home Table of Contents

RULE 13-102. SCOPE

West's Annotated Code of MarylandMaryland RulesEffective: August 1, 2020

West's Annotated Code of Maryland
Maryland Rules
Title 13. Receivers and Assignees
Chapter 100. General Provisions
Effective: August 1, 2020
MD Rules, Rule 13-102
RULE 13-102. SCOPE
Currentness
(a) Generally. The Rules in this Title apply to actions and proceedings in a circuit court:
(1) to assume jurisdiction over and administer an assignment for the benefit of creditors; and
(2) for the appointment of a receiver and the administration of a receivership proceeding.
(b) Exceptions.
(1) The Rules in this Title do not apply to:
(A) receivership proceedings commenced under Rule 3-722, except that the District Court may apply a Rule in this Title to the extent that such application is not inconsistent with Rule 3-722 and is within the jurisdiction of the District Court.
(B) receivership proceedings commenced under Code, Commercial Law Article, § 24-201(b), except that Rules 13-101 through 13-108, 13-301 through 13-303, 13-501 (c)--(g), 13-601 through 13-603, and 13-701 through 13-704 apply in those proceedings.
(2) If, as part of an assignment or receivership proceeding, or in anticipation of such a proceeding, a foreclosure action subject to the Rules in Title 14 is commenced, the Rules in that Title apply and prevail with respect to the foreclosure proceeding.
Committee note: Code, Commercial Law Article, § 24-201(b) permits a court to appoint a receiver in connection with a commenced or anticipated foreclosure action under certain circumstances. Because foreclosure proceedings may be commenced only by the mortgagee or trustee, or the agent or assignee of the mortgage or trustee, and are subject to special procedures, requirements, and limitations, the Rules in Title 14 will apply to such proceedings. It is recommended that the same judge preside over both the foreclosure and the receivership proceedings to assure that both proceed efficiently and in harmony.
Source: This Rule is derived in part from former Rule BP1 b and is in part new.

Credits

[Adopted June 29, 2020, eff. Aug. 1, 2020.]
MD Rules, Rule 13-102, MD R RECEIVERS AND ASSIGNEES Rule 13-102
Current with amendments received through May 1, 2024. Some sections may be more current, see credits for details.
End of Document