17-6901.
Receivers for insolvent corporations; appointment; powers.
Whenever a corporation shall be insolvent, the district court, on the application of any creditor or stockholder thereof, may appoint, at any time, one or more persons to be receivers of and for the corporation, to take charge of its assets, estate, effects, business and affairs, and to collect the outstanding debts, claims and property due and belonging to the corporation, with power to prosecute and defend, in the name of the corporation or otherwise, all claims or suits, to appoint an agent or agents under them and to do all other acts which might be done by the corporation and which may be necessary or proper. The powers of the receivers shall be such and shall continue so long as the court shall deem necessary.
History:
L. 1972, ch. 52, § 104; July 1.
Notes of Decisions
Speer v. Dighton Grain, Inc., 624 P.2d 952 (Kan. 1981).
· cites it 6× “" K.S.A. 17-6901. We find no provision in the present corporation code authorizing a creditor of an insolvent corporation to sue a director or officer for a debt of the corporation based on negligence or mismanagement of the director or officer which contributed to the…”
In Re Starlite Houseboats, Inc., 426 B.R. 375 (Bankr. D. Kan. 2010).
· cites it 2× “The Kansas receivership statutes in K.S.A. 17-6901 vest a receiver “with power to prosecute and defend, in the name of the corporation or otherwise, all claims or suits,.”
Valley View State Bank v. Owen, 737 P.2d 35 (Kan. 1987).
· cites it 2× ““(b) A custodian appointed under this section' shall have all the powers and title of a receiver appointed under K.S.A. 17-6901, but the authority of the custodian is to continue the business of the corporation and not to liquidate its affairs and distribute its assets, except…”
State Ex Rel. Crawford v. Centerville Grain Co., 618 P.2d 1206 (Kan. Ct. App. 1980).
“: This is an appeal from the district court’s denial of certain claims for assets in a receivership proceeding dissolving an insolvent grain corporation pursuant to K.S.A. 17-6901 et seq. The appeal arises out of the receivership of the Centerville Grain Company, Inc.”
Coles v. Taliaferro, 840 P.2d 1102 (Kan. 1992).
“17-6516(b) states: “A custodian appointed under this section shall have all the powers and title of a receiver appointed under K.S.A. 17-6901, but the authority of the custodian is to continue the business of the corporation and not to liquidate its affairs and distribute its…”
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