New Mexico Statutes

N.M. Stat. § 44-8-7 (2026)

Powers and duties of receivers.

✓ current as of May 2026
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Unless otherwise ordered by the district court, a person who acts as a receiver shall:

   A. prepare an inventory of the receivership estate within thirty days of appointment
and file that inventory with the district court;

   B. collect and manage the receivership estate in a reasonable and prudent manner;

   C. file monthly operating reports with the district court and provide copies to all
parties who have entered an appearance and allow such parties reasonable access to
the books and records of the receivership;

   D. enter into contracts reasonably necessary to operate, maintain and preserve the
receivership estate;

   E. take possession of all available books, records and other documents related to
the receivership estate;

    F. lease assets of the receivership estate in accordance with the powers and
limitations contained in the original order of appointment;

   G. bring and defend actions in his capacity as receiver to maintain and preserve the
receivership estate;

   H. subject to prior order of the district court, engage and retain attorneys,
accountants, brokers or any other persons and pay their compensation or fees, sell or
mortgage property of the receivership estate, borrow money for the receivership estate,
make distributions of receivership proceeds to any party or pay compensation to the
receiver; and

   I. exercise any other powers expressly granted by statute or an order of the district
court.
History: Laws 1995, ch. 81, § 7.

                                     ANNOTATIONS

Duty to account. — In a divorce proceeding, where the court ordered the wife to
manage, oversee and liquidate the parties’ assets and to provide monthly accountings
to the husband of assets sold and debts paid; the court subsequently appointed a
special master to review and resolve issues concerning the liquidation of family
businesses; the court subsequently ordered the special master to complete the
liquidation of the estate; and the wife continued to be actively involved in the liquidation
of the community assets after the special master was appointed, the wife was not
relieved of her responsibility to account. Muse v. Muse, 2009-NMCA-003, 145 N.M. 451,
200 P.3d 104.
Notes of Decisions
Cited in 1 case, 2008–2008 · leading case: Muse v. Muse, 200 P.3d 104 (N.M. Ct. App. 2008).
Muse v. Muse, 200 P.3d 104 (N.M. Ct. App. 2008). · cites it 5× “See § 44-8-7(B), (H), (I); see also NMSA 1978, § 53-16-17(B) (1975) (authorizing, under the Business Corporation Act, the district court to “appoint a liquidating receiver or receivers with authority to collect the assets of the corporation”).”
— N.M. Stat. § 44-8-7(B) — 1 case
Muse v. Muse, 200 P.3d 104 (N.M. Ct. App. 2008). “See § 44-8-7(B), (H), (I); see also NMSA 1978, § 53-16-17(B) (1975) (authorizing, under the Business Corporation Act, the district court to “appoint a liquidating receiver or receivers with authority to collect the assets of the corporation”).”
— N.M. Stat. § 44-8-7(C) — 1 case
Muse v. Muse, 200 P.3d 104 (N.M. Ct. App. 2008). “See § 44-8-7(B), (H), (I); see also NMSA 1978, § 53-16-17(B) (1975) (authorizing, under the Business Corporation Act, the district court to “appoint a liquidating receiver or receivers with authority to collect the assets of the corporation”).”
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