REVISED JUDICATURE ACT OF 1961
Act 236 of 1961
600.2926 Jurisdiction to appoint receivers; termination.
Sec. 2926.
Circuit court judges in the exercise of their equitable powers, may appoint receivers in all cases pending where appointment is allowed by law. This authority may be exercised in vacation, in chambers, and during sessions of the court. In all cases in which a receiver is appointed the court shall provide for bond and shall define the receiver's power and duties where they are not otherwise spelled out by law. Subject to limitations in the law or imposed by the court, the receiver shall be charged with all of the estate, real and personal debts of the debtor as trustee for the benefit of the debtor, creditors and others interested.
The court may terminate any receivership and return the property held by the receiver to the debtor whenever it appears to be to the best interest of the debtor, the creditors and others interested.
History: 1961, Act 236, Eff. Jan. 1, 1963
Notes of Decisions
Ypsilanti Fire Marshal v. Kircher, 730 N.W.2d 481 (Mich. Ct. App. 2007).
· cites it 7× “” The trial court’s order must also comply with the provisions of MCL 600.2926 which provides: “In all cases in which a receiver is appointed the court shall provide for bond and shall define the receiver’s power and duties where they are not otherwise spelled out by law.”
Reed v. Reed, 693 N.W.2d 825 (Mich. Ct. App. 2005).
· cites it 4× “§ 600.2926. This statute has been interpreted as authorizing a circuit court to appoint a receiver when specifically allowed by statute and also when no specific statute applies but "the facts and circumstances render the appointment of a receiver an appropriate exercise of the…”
Arbor Farms, LLC v. Geostar Corp., 853 N.W.2d 421 (Mich. Ct. App. 2014).
· cites it 3× “In particular, defendant asserts that appointment of a receiver was not warranted under MCL 600.2926, and that, by appointing a receiver, the trial court: (1) interfered with the jurisdiction of the Kentucky district *390 court, (2) prejudiced defendant’s rights in relation to…”
Shouneyia v. Shouneyia, 807 N.W.2d 48 (Mich. Ct. App. 2011).
· cites it 4× “CORP (‘Entity’) including all businesses operated through said Entity, including Vineyard III Market.”
Band v. Livonia Assocs., 439 N.W.2d 285 (Mich. Ct. App. 1989).
· cites it 2× “In all cases in which a receiver is appointed the court shall provide for bond and shall define the receiver’s power and duties where they are not otherwise spelled out by law.”
Cohen v. Cohen, 335 N.W.2d 661 (Mich. Ct. App. 1983).
“MCL 600.2926; MSA 27A.2926 provides that circuit court judges "may appoint receivers in all cases pending where appointment is allowed by law”.”
— Mich. Comp. Laws § 600.2926(5) — 1 case
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