Tex. Codes » Business Organizations Code · TITLE 1. GENERAL PROVISIONS · CHAPTER 11. WINDING UP AND TERMINATION OF DOMESTIC ENTITY
Texas Codes

Tex. Bus. Orgs. Code § 11.403 (2026)

Appointment Of Receiver For Specific Property

✓ laws through the 89th Legislature (2025)
Find cases: SyfertCases citing this section TX-LEGstatutes.capitol.texas.gov Justiaon Justia CornellLII Search CasesGoogle Scholar

Sec. 11.403. APPOINTMENT OF RECEIVER FOR SPECIFIC PROPERTY. (a) Subject to Subsection (b), and on the application of a person whose right to or interest in any property or fund or the proceeds from the property or fund is probable, a court that has jurisdiction over specific property of a domestic or foreign entity may appoint a receiver in an action:

(1) by a vendor to vacate a fraudulent purchase of the property;

(2) by a creditor to subject the property or fund to the creditor's claim;

(3) between partners or others jointly owning or interested in the property or fund;

(4) by a mortgagee of the property for the foreclosure of the mortgage and sale of the property, when:

(A) it appears that the mortgaged property is in danger of being lost, removed, or materially injured; or

(B) it appears that the mortgage is in default and that the property is probably insufficient to discharge the mortgage debt; or

(5) in which receivers for specific property have been previously appointed by courts of equity.

(b) A court may appoint a receiver for the property or fund under Subsection (a) only if:

(1) with respect to an action brought under Subsection (a)(1), (2), or (3), it is shown that the property or fund is in danger of being lost, removed, or materially injured;

(2) circumstances exist that are considered by the court to necessitate the appointment of a receiver to conserve the property or fund and avoid damage to interested parties;

(3) all other requirements of law are complied with; and

(4) the court determines that other available legal and equitable remedies are inadequate.

(c) The court appointing a receiver under this section has and shall retain exclusive jurisdiction over the specific property placed in receivership. The court shall determine the rights of the parties in the property or its proceeds.

(d) If the condition necessitating the appointment of a receiver under this section is remedied, the receivership shall be terminated immediately, and the receiver shall redeliver to the domestic entity all of the property remaining in receivership.

Acts 2003, 78th Leg., ch. 182, Sec. 1, eff. Jan. 1, 2006.

Notes of Decisions
Cited in 6 cases (2 in the last 5 years), 2013–2023 · leading case: Charles Saden v. Brian Smith, 415 S.W.3d 450 (Tex. App.—Houston [1st Dist.] 2013).
Sort: Relevance Newest Treatment
Charles Saden v. Brian Smith, 415 S.W.3d 450 (Tex. App.—Houston [1st Dist.] 2013). · cites it 2× “” TEX. BUS. ORGS. CODE ANN. § 11.403(c) (West 2012).”
Est. of Price, 528 S.W.3d 591 (Tex. App.—Texarkana 2017). “” Tex. Bus. Org. Code Ann. § 11.403 (b)(4).”
Steven Spiritas v. Susan Davidoff, 459 S.W.3d 224 (Tex. App.—Dallas 2015). “” Tex. Bus. Orgs. Code Ann. § 11.403 . That section provides in part that a court may appoint a receiver in an action between partners or others jointly owning or interested in specific property only if (1) it is shown that the property “is in danger of being lost, removed, or…”
Five Star Global, LLC v. Mark Hulme & Five Points Holdings, LLC, No. 05-20-00940-CV (Tex. App.—Dallas July 26, 2021). “—Dallas 1988, writ denied); see also TEX. BUS. ORGS. CODE § 11.403(a)(3), (b) (authorizing receiver over specific property of a foreign entity only if the property “is in danger of being lost, removed, or materially injured” and the court determines all other available legal and…”
Jose Estrada v. Benny Jafari, No. 05-22-01227-CV (Tex. App.—Dallas Sept. 11, 2023). “He complains that the trial court did not identify the legal and factual basis for its decision to appoint a receiver, noting that the court neither cited any statutory authority for its decision nor made findings on the necessary elements for appointing a receiver under the…”
Dream Creek Enter., Inc. v. BBL Builders, L.P., No. 05-15-00768-CV (Tex. App.—Dallas Aug. 3, 2015). “passim Tex. Bus. Org. Code § 11.403 ............”
Tex. Bus. Orgs. Code § 11.403(a)(3): 1 case
Five Star Global, LLC v. Mark Hulme & Five Points Holdings, LLC, No. 05-20-00940-CV (Tex. App.—Dallas July 26, 2021). “—Dallas 1988, writ denied); see also TEX. BUS. ORGS. CODE § 11.403(a)(3), (b) (authorizing receiver over specific property of a foreign entity only if the property “is in danger of being lost, removed, or materially injured” and the court determines all other available legal and…”
Tex. Bus. Orgs. Code § 11.403(c): 1 case
Charles Saden v. Brian Smith, 415 S.W.3d 450 (Tex. App.—Houston [1st Dist.] 2013). “” TEX. BUS. ORGS. CODE ANN. § 11.403(c) (West 2012).”
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.