A receiver may be appointed by the district court (1) in an action by a vendor to vacate a fraudulent purchase of property, by a creditor to subject any property or fund to his or her claim, or between partners, limited liability company members, or others jointly owning or interested in any property or fund on the application of any party to the suit when the property or fund is in danger of being lost, removed, or materially injured, (2) in an action for the foreclosure of a mortgage or in an action to foreclose a trust deed as a mortgage when the mortgaged property or property subject to the trust deed is in danger of being lost, removed, or materially injured or is probably insufficient to discharge the mortgage debt secured by the mortgage or trust deed, (3) in connection with the exercise of the power of sale under a trust deed and following the filing of a notice of default under the Nebraska Trust Deeds Act when the property subject to the trust deed is in danger of being lost, removed, or materially injured or is probably insufficient to discharge the debt secured by the trust deed, (4) in an action brought pursuant to section 52-1705 to enforce a written assignment of rents provision contained in any agreement and the agreement provides for the appointment of a receiver, (5) in any other case in which a mortgagor or trustor has agreed in writing to the appointment of a receiver, (6) after judgment or decree to carry the judgment into execution, to dispose of the property according to the decree or judgment, or to preserve it during the pendency of an appeal, (7) in an action under the Foreign-owned Real Estate National Security Act, (8) in all cases provided for by special statutes, and (9) in all other cases when receivers have heretofore been appointed by the usages of courts of equity.
Notes of Decisions
Nebraska Nutrients, Inc. v. Shepherd, 626 N.W.2d 472 (Neb. 2001).
· cites it 4× “S-94-242 was pending, Roles filed a verified “Motion for Application to Appoint Receiver” in the district court pursuant to Neb. Rev. Stat. § 25-1081 (Reissue 1995).”
Seid v. Seid, 967 N.W.2d 253 (Neb. 2021).
· cites it 6× “Because the Legislature incorporated the district court’s inherent constitutional power to appoint receivers into Neb. Rev. Stat. § 25-1081 (8) (Reissue 2016), that subsec- tion is declaratory of a power already existing under the constitution.”
Fed. Land Bank of Omaha v. Victor, 440 N.W.2d 667 (Neb. 1989).
· cites it 6× “” See Neb. Rev. Stat. § 25-1081 (2) (Reissue 1985) (grounds for receivership; mortgaged property).”
Kellner v. Kellner, 593 N.W.2d 1 (Neb. Ct. App. 1999).
· cites it 4× “See Neb.Rev.Stat. § 25-1081 (Reissue 1995). Interestingly, the receiver statutes provide that no person shall be appointed a receiver who is a party, solicitor, or in any manner interested in the suit.”
Matter of Dilsaver, 86 B.R. 1010 (Bankr. D. Neb. 1988).
· cites it 4× “Moreover, Nebraska law requires the appointment of a receiver before rents and profits can be sequestered, Neb.Rev.Stat. § 25-1081 (Reissue 1985), yet Section 105(b) of 11 U.”
McCook Nat'l Bank v. Myers, 503 N.W.2d 200 (Neb. 1993).
· cites it 3× “Under Neb. Rev. Stat. § 25-1081 (2) (Reissue 1989), “[a] receiver may be appointed by .”
O'neill Prod. Credit Ass'n v. Putnam Ranches, Inc., 251 N.W.2d 884 (Neb. 1977).
· cites it 2× “Section 25-1081, R. R. S. 1943, provides as follows: “A receiver may be appointed by the Supreme Court or the district court or by the judge of either * * * (2) in an action for the foreclosure of a mortgage, when the mortgaged property is in danger of being lost, removed, or…”
State Ex Rel. Beck v. Assocs. Disc. Corp., 77 N.W.2d 215 (Neb. 1956).
· cites it 2× “1943, provides, among other things, that a temporary injunction “may also be granted in any case where it is specially provided by statute” and section 25-1081, R. R. S. 1943, provides that: “A receiver may be appointed by the Supreme Court or the district court or by the judge…”
Fred v. Gentsch, Inc. v. Burnett, 115 N.W.2d 446 (Neb. 1962).
· cites it 8× “The power of appointment of receivers is found in section 25-1081, R.R.S.1943. Section 25-1082, R.”
Walker v. Walker, 854 F. Supp. 1443 (D. Neb. 1994).
· cites it 2× “116, 117 (1900) (A receiver for a partnership may be appointed in cases of insolvency, dissension, probability of waste, or when dissolution is necessary); Neb.Rev.Stat. § 25-1081 (Reissue 1989) (A receiver may be appointed “to dispose of the property according to the decree or…”
Matter of Erickson, 83 B.R. 701 (Bankr. D. Neb. 1988).
· cites it 2× “842, 846 (1932); Neb.Rev.Stat. § 25-1081(2) (Reissue 1985).”
In Re Anderson, 50 B.R. 728 (D. Neb. 1985).
“1 The Court must look at the substantive rights that give rise to the enforceable lien under state law and provide a procedure within the bankruptcy context that protects those rights.”
— Neb. Rev. Stat. § 25-1081(1) — 1 case
Seid v. Seid, 967 N.W.2d 253 (Neb. 2021).
“Because the Legislature incorporated the district court’s inherent constitutional power to appoint receivers into Neb. Rev. Stat. § 25-1081 (8) (Reissue 2016), that subsec- tion is declaratory of a power already existing under the constitution.”
— Neb. Rev. Stat. § 25-1081(2) — 3 cases
McCook Nat'l Bank v. Myers, 503 N.W.2d 200 (Neb. 1993).
“Under Neb. Rev. Stat. § 25-1081 (2) (Reissue 1989), “[a] receiver may be appointed by .”
Matter of Erickson, 83 B.R. 701 (Bankr. D. Neb. 1988).
“842, 846 (1932); Neb.Rev.Stat. § 25-1081(2) (Reissue 1985).”
— Neb. Rev. Stat. § 25-1081(8) — 1 case
Seid v. Seid, 967 N.W.2d 253 (Neb. 2021).
“Because the Legislature incorporated the district court’s inherent constitutional power to appoint receivers into Neb. Rev. Stat. § 25-1081 (8) (Reissue 2016), that subsec- tion is declaratory of a power already existing under the constitution.”
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