60-1304.
Petition for appointment; specifications; notice; bond; application to nonresidents.
A receiver shall not be appointed unless: (a) The petition or application for appointment specifies, to the extent known to the petitioner or applicant, the general character and probable value of the property, business or business interest for which the appointment is sought, and, if real property is involved, the estimated annual income therefrom; (b) notice and an opportunity to be heard is given to the interested parties, including any person or persons known to be in possession of all or any part of such property, business or business interest, unless the judge shall, after the introduction of evidence and a record of the proceeding is made, make a finding that immediate and irreparable injury is likely to result, and shall set forth in the order the probable nature of such immediate and irreparable injury. The judge may also require the petitioner or applicant to execute a bond, on such terms as the judge may direct, which bond shall not be a substitute for or in lieu of the bond of the receiver required in K.S.A. 60-1302. This section shall not apply where the defendant is a nonresident or a foreign corporation not authorized to do business in this state.
History:
L. 1963, ch. 303, 60-1304; L. 1967, ch. 326, § 3; April 28.
Notes of Decisions
Cited in
7
cases (
3 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 2× “60-1302 and also to furnish a bond for himself under K.S.A. 60-1304. Bonds were furnished and the receiver, Paul O.”
In Re Stanley Station Assocs., L.P., 139 B.R. 990 (Bankr. D. Kan. 1992).
· cites it 2× “The foreclosure petition did not pray for the appointment of a receiver, nor did it state the probable value of the property or the estimated annual income therefrom as is required in a petition or application for appointment of a receiver under K.S.A. 60-1304. No provision for…”
Hutton v. Rainbow Tower Assocs., 601 P.2d 665 (Kan. 1979).
· cites it 2× “The trial court noted the provisions of K.S.A. 60-1304 and queried counsel concerning the court’s responsibilities and limitations thereunder.”
Water for Com. Fund Mgmt., LLC v. Refreshing USA, LLC (D. Kan. 2024).
· cites it 3× “Following a telephone hearing on August 29, 2024, this undersigned Magistrate Judge denied the initial motion to appoint a receiver without prejudice to refiling, based on Plaintiff’s failure to meet the statutory evidentiary requirements under K.S.A. 60-1304 for the entry of an…”
Water for Com. Fund Mgmt., LLC v. Refreshing USA, LLC (D. Kan. 2024).
· cites it 2× “Pursuant to K.S.A. §60-1304, a party seeking the appointment of a receiver must specify the general character and probable value of the property for which the appointment is sought, as well as the estimated annual income generated by the property, if known.”
Delaware Ridge Homes Assn. v. Maddy (Kan. Ct. App. 2021).
“" In her motion, Maddy argued that Delaware Ridge is a "sham" corporation that is "unlawfully operated" and requested that a receiver be appointed pursuant to K.S.A. 60-1304, to operate Delaware Ridge until an "independent" operation could be established.”
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