Printable Format60-1301. Appointment. A justice of the supreme court, a judge of the court of appeals or a district judge, or in the district judge's absence from the county a district magistrate judge, shall have authority to appoint a receiver in conformity with the provisions of K.S.A. 60-1302 and 60-1303, and amendments thereto, whose duty it shall be to keep, preserve, and manage all property and protect any business or business interest entrusted to the receiver pending the determination of any proceeding in which such property or interest may be affected by the final judgment. A person who has an interest in property or in the outcome of the proceeding shall not be appointed or continued as a receiver if objection is made thereto by another interested party unless the judge finds and rules that such objection is arbitrary or unreasonable.
History: L. 1963, ch. 303, 60-1301; L. 1967, ch. 326, § 1; L. 1976, ch. 251, § 22; L. 1986, ch. 115, § 91; January 12, 1987.
Source or prior law:
G.S. 1868, ch. 80, §§ 254, 255; L. 1898, ch. 9, § 1; L. 1909, ch. 182, §§ 266, 267; R.S. 1923, 60-1201, 60-1202.
Law Review and Bar Journal References:
"Some Comments on the New Code of Civil Procedure," Emmet A. Blaes, 12 K.L.R. 75, 77 (1963).
Survey of debtor-creditor law, Robert B. Morton, 12 K.L.R. 211, 230 (1963).
"Close Corporations and the Kansas General Corporation Code of 1972," Edwin W. Hecker, Jr., 22 K.L.R. 489, 525 (1974).
"Court Unification: Judicial Reform Revisited, Part III," Robert A. Coldsnow, 45 J.B.A.K. 117, 121 (1976).
"Practicing Law in a Unified Kansas Court System," Linda Diane Henry Elrod, 16 W.L.J. 260, 266 (1977).
"Receiverships: Let the Procurer Beware," John A. Hageman, 18 W.L.J. 391, 393 (1979).
"The Mortgagee's Interest in Rents: Policy and Proposals," Patrick A. Randolph, Jr., 29 K.L.R. 1, 12 (1980).
CASE ANNOTATIONS
Prior law cases, see G.S. 1949, 60-1201, 60-1202 and the 1961 Supp. thereto.
1. Trial court did not abuse discretion in appointing receiver. Kline v. Orebaugh, 214 Kan. 207, 215, 519 P.2d 691.
2. Cited; damage action for wrongful appointment of receiver affirmed. Braun v. Pepper, 224 Kan. 56, 57, 578 P.2d 695.
3. Cited; UCC provision (K.S.A. 84-9-101 et seq.) dealing with secured party's interest after debtor files federal bankruptcy (Chap. 7) examined. Maxl Sales Co. v. Critiques, Inc., 796 F.2d 1293, 1296 (1986).
4. Objection waived upon failure to appear at hearing thereon; damage award requires showing that receivership not justified. Southwest Nat'l Bank of Wichita v. ATG Const. Mgt., Inc., 241 Kan. 257, 262, 736 P.2d 894 (1987).
5. Appointment of receiver to manage purchaser's mobile home park pending resolution of city's action to recover unpaid sewer fees and to disconnect sewer service was abuse of discretion. City of Mulvane v. Henderson, 46 Kan. App. 2d 113, 257 P.3d 1272 (2011).