RULE 13-104. COMMENCEMENT OF ACTION
West's Annotated Code of MarylandMaryland RulesEffective: August 1, 2020
Effective: August 1, 2020
MD Rules, Rule 13-104
RULE 13-104. COMMENCEMENT OF ACTION
(A) The petition shall: (i) contain the name, address, and e-mail address of the assignor and the assignee; (ii) be accompanied by the executed assignment; (iii) if the assignor is a corporation, be accompanied by all required corporate resolutions or contain a statement that all such resolutions have been executed; (iv) state the nature, approximate value, and location of the property comprising the estate, to the best of the petitioner's knowledge, information, and belief; and (v) contain or be accompanied by the name, address, and e-mail address, to the extent known, of all interested persons known to the petitioner and a statement of the efforts made by the petitioner to identify and locate other possible interested persons.
(1) How Commenced. A receivership proceeding is commenced by the filing of a petition, except that if a receivership is sought in a pending action, the receivership proceeding may be commenced by the filing of a motion in that action. The motion shall comply with the requirements of a petition set forth in subsection (b) (4) of this Rule.
Cross reference: See, in general, Spivey-Jones v. Trans Healthcare, 438 Md. 330 (2014), noting the existence of both equitable or chancery receiverships and statutory receiverships. For standing in equitable receiverships, see Frigidraft, Inc. v. Michel, 198 Md. 511 (1951).
(4) Contents. A petition to commence a receivership shall: (A) state the name, address, and e-mail address of the petitioner and the alleged debtor, averments showing that the petitioner is authorized by law to file the petition and the basis for the petition, the name, address, and e-mail address of the person the petitioner seeks to have appointed as the receiver, and averments showing that such person is legally qualified to be appointed as a receiver; and (B) contain or be accompanied by a list of the names, addresses, and e-mail addresses, to the extent known, of all interested persons known to the petitioner and a statement of the efforts made by the petitioner to identify and locate other possible interested persons.
Cross reference: See Code, Commercial Law Article, § 24-201 for the circumstances in which a receiver may be appointed pursuant to Title 24. See § 24-203 for disqualifications for appointment as a receiver.
(c) Show Cause Order. Upon the filing of a petition or motion under this Rule, the court shall issue a show cause order directing a person to show cause in writing on or before a specified date why the court should not take the action described in the order. The petition or motion, together with the show cause order, shall be served on the debtor in the manner directed by the Court.
Credits
[Adopted June 29, 2020, eff. Aug. 1, 2020.]
MD Rules, Rule 13-104, MD R RECEIVERS AND ASSIGNEES Rule 13-104
Current with amendments received through May 1, 2024. Some sections may be more current, see credits for details.
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