60-1301.
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.
Notes of Decisions
Cited in
8
cases (
2 in the last 5 years), 1978–2024 · leading case:
Braun v. Pepper, 578 P.2d 695 (Kan. 1978).
Braun v. Pepper, 578 P.2d 695 (Kan. 1978).
· cites it 3× “), and receivership (K.S.A. 60-1301, et seq.). In each of these statutory provisional remedies the legislature has provided special protections to the debtor.”
Maxl Sales Co. v. Critiques, Inc., 796 F.2d 1293 (10th Cir. 1986).
· cites it 2× “It rejected the argument that the appointment of the receiver in the state trial court was a “disposition of collateral” under § 84-9-504, entitling Maxi to reduce its claim to judgment or to foreclose its interest by any available procedure under state law, Maxi contending that…”
City of Mulvane v. Henderson, 257 P.3d 1272 (Kan. Ct. App. 2011).
· cites it 5× “” The district court next took up the City’s motion for the appointment of a receiver pursuant to K.S.A. 60-1301. The district court determined that the City did not have the right to have a receiver appointed because the irreparable harm it was alleging was of its own making.”
In re Stanley Station Assocs., L.P., 139 B.R. 990 (Bankr. D. Kan. 1992).
· cites it 3× “The receivership section of the Code appears at K.S.A. 60-1301, et seq. 60-1301. Appointment.”
Delaware Ridge Homes Assn. v. Maddy, 487 P.3d 381 (Kan. Ct. App. 2021).
· cites it 2× “50-637 or K.S.A. 60-1301, to administer both the board election and the turnover of Delaware Ridge to homeowner control.”
Equity Bank, N.A. v. Pourmemar, No. 125954 (Kan. Ct. App. June 14, 2024).
“See K.S.A. 60-1301. A request for a receiver is not a claim, in the traditional sense.”
Premier Bank v. J. D. Homes of Olathe, Inc., 50 P.3d 517 (Kan. Ct. App. 2002).
“Pursuant to K.S.A. 60-1301, a district judge has the authority to appoint a receiver, and the receiver’s duty “shall be to keep, preserve, and manage all property and protect any business or business interest entrusted to the receiver” pending the determination of the case.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.