2010 Wyoming Statutes
Title 1 - Code Of Civil Procedure
Chapter 33 - Receivers

CHAPTER 33 - RECEIVERS

 

1-33-101. Cases in which receiver appointed.

 

(a) A receiver may be appointed by the district court in the following actions or cases:

 

(i) By a vendor to vacate a fraudulent purchase of property;

 

(ii) By a creditor to subject any property or fund to his claim;

 

(iii) By a partner or other person jointly owning or interested in any property or fund, whose right to or interest in the property or fund or the proceeds thereof is probable and where it is shown that the property or fund is in danger of being lost, removed or materially injured;

 

(iv) By a mortgagee for the foreclosure of his mortgage and sale of mortgaged property where it appears that the mortgaged property is in danger of being lost, removed or materially injured, or that a condition of the mortgage has not been performed and the property is probably insufficient to discharge the mortgage debt;

 

(v) After judgment to carry the judgment into effect;

 

(vi) After judgment to dispose of the property according to the judgment or preserve it during the pendency of an appeal, or when an execution has been returned unsatisfied and the judgment debtor refuses to apply the property in satisfaction of the judgment;

 

(vii) When a corporation has been dissolved or is insolvent or in imminent danger of insolvency or has forfeited its corporate rights; and

 

(viii) In all other cases where receivers have been appointed by courts of equity.

 

1-33-102. Persons ineligible as receiver; exceptions.

 

No person interested in an action shall be appointed receiver or be a representative of the receiver except by consent of the parties.

 

1-33-103. Oath and bond of receiver.

 

Before he enters upon his duties the receiver must be sworn to perform faithfully and give surety approved by the court, or by the clerk upon order of the court, in such sum as the court shall direct not to exceed double the amount of any property involved, conditioned that he will faithfully discharge the duties of receiver and obey the orders of the court.

 

1-33-104. Powers of receiver.

 

The receiver under control of the court, may bring and defend actions in his own name as receiver, take and keep possession of the property, receive rents, collect, compound for and compromise demands, make transfers and generally do acts respecting the property as the court may authorize.

 

1-33-105. Investment of funds by receiver.

 

Funds in the hands of a receiver may be invested upon interest by order of the court with the consent of all parties to the action.

 

1-33-106. Disposition of trust property during litigation.

 

When a party admits he has in his possession or under his control any money or other thing capable of delivery which is the subject of the litigation, held by him as trustee for another party or which belongs or is due to another party, the court may order the same to be deposited in court or delivered to the other party with or without security, subject to further direction of the court.

 

1-33-107. Enforcement of orders of court.

 

When a court orders the deposit or delivery of money or other thing and the order is disobeyed, the court, besides punishing the disobedience as for contempt, may order the sheriff to take the money or thing and deposit or deliver it in conformity with the direction of the court.

 

1-33-108. Publication of notice of appointment of receiver; requiring claims to be presented.

 

Within thirty (30) days after a receiver is appointed and qualified if the court so orders, the receiver shall publish for three (3) weeks in a newspaper of the county in which he is appointed a notice that he is appointed receiver, stating the date of the appointment and requiring all persons having claims against the person, company, corporation or partnership for which the receiver is appointed to exhibit their claims to the receiver within the four (4) months from the date of the first publication of the notice, and if the claims are not exhibited within the four (4) months they are forever barred from participation in the assets of the receivership.

 

1-33-109. Publication of notice of appointment of receiver; proof of publication; procedure when claimant out of state.

 

After the notice is given as required, a copy with an affidavit of publication must be filed in the office of the clerk of court and the court shall enter a decree that notice to creditors has been duly given and that all claims not exhibited as required by law are barred. When it appears by affidavit to the satisfaction of the court that a claimant had no notice by reason of being out of the state, the claim may upon order of the court be presented at any time before a decree of final settlement of the receivership is entered.

 

1-33-110. Time for bringing suit against receiver.

 

When a properly filed claim is rejected by the receiver, or if allowed by the receiver is rejected by the court, the holder of the claim must bring suit against the receiver within four (4) months after the date upon which he is given notice of the rejection, otherwise the claim is forever barred.