Truly Agreed, 2016


View proposed language

CCS HCS SCS SB 578, 2016    (New Section - as Truly Agreed)    

515.520. 1. Upon entry of an order appointing a receiver or upon conversion of a limited receiver to a general receiver pursuant to section 515.515 and within ten business days thereof, or within such additional time as the court may allow, the receiver shall give notice of the appointment or conversion to all parties in interest, including the secretary of state for the state of Missouri, and state and federal taxing authorities. Such notice shall be made by first class mail and proof of service thereof shall be filed with the court. The content of such notice shall include:
     (1) The caption reflecting the action in which the receiver is appointed;
     (2) The date the action was filed;
     (3) The date the receiver was appointed;
     (4) The name, address, and contact information of the appointed receiver;
     (5) Whether the receiver is a limited or general receiver;
     (6) A description of the estate property;
     (7) The debtor's name and address and the name and address of the attorney for the debtor, if any;
     (8) The court address at which pleadings, motions, or other papers may be filed;
     (9) Such additional information as the court directs; and
     (10) A copy of the court's order appointing the receiver.
     2. A general receiver shall also give notice of the receivership by publication in a newspaper of general circulation published in the county or counties in which estate property is known to be located once a week for three consecutive weeks. The first notice shall be published within thirty days after the date of appointment of the receiver. The notice of the receivership shall include the date of appointment of the receiver, the name of the court and the action number, the last day on which claims may be filed, if established by the court, and the name and address of the debtor, the receiver, and the receiver's attorney, if any. For purposes of this section, all intangible property included as estate property is deemed to be located in the county in which the debtor, if a natural person, resides, or in which the debtor, if an entity, maintains its principal administrative offices.
     3. The debtor shall cooperate with all reasonable requests for information from the receiver for purposes of assisting the receiver in providing notice pursuant to subsection 1 of this section. In the court's discretion, the failure of such debtor to cooperate with any reasonable request for information may be punished as a contempt of court.


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