U.S. Code » Title 28 » Part PART VI— PARTICULAR PROCEEDINGS › Chapter CHAPTER 176— FEDERAL DEBT COLLECTION PROCEDURE › Subchapter SUBCHAPTER B— PREJUDGMENT REMEDIES

28 U.S.C. § 3103

Receivership

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(a)Appointment of a Receiver.—If the requirements of section 3101 are satisfied, a court may appoint a receiver for property in which the debtor has a substantial nonexempt interest if the United States shows reasonable cause to believe that there is a substantial danger that the property will be removed from the jurisdiction of the court, lost, concealed, materially injured or damaged, or mismanaged.(b)Powers of Receiver.—(1) The appointing court may authorize a receiver—(A) to take possession of real and personal property and sue for, collect, and sell obligations upon such conditions and for such purposes as the court shall direct; and(B) to administer, collect, improve, lease, repair or sell pursuant to section 3007 such real and personal property as the court shall direct.A receiver appointed to manage residential or commercial property shall have demonstrable expertise in the management of these types of property.(2) Unless expressly authorized by order of the court, a receiver shall have no power to employ attorneys, accountants, appraisers, auctioneers, or other professional persons.(c)Duration of Receivership.—A receivership shall not continue past the entry of judgment, or the conclusion of an appeal of such judgment, unless the court orders it continued under section 3203(e) or unless the court otherwise directs its continuation.(d)Accounts; Requirement to Report.—A receiver shall keep written accounts itemizing receipts and expenditures, describing the property and naming the depository of receivership funds. The receiver’s accounts shall be open to inspection by any person having an apparent interest in the property. The receiver shall file reports at regular intervals as directed by the court and shall serve the debtor and the United States with a copy thereof.(e)Modification of Powers; Removal.—On motion of the receiver or on its own initiative, the court which appointed the receiver may remove the receiver or modify the receiver’s powers at any time.(f)Priority.—If more than one court appoints a receiver for particular property, the receiver first qualifying under law shall be entitled to take possession, control, or custody of the property.(g)Compensation of Receivers.—(1) A receiver is entitled to such commissions, not exceeding 5 percent of the sums received and disbursed by him, as the court allows unless the court otherwise directs.(2) If, at the termination of a receivership, there are no funds in the hands of a receiver, the court may fix the compensation of the receiver in accordance with the services rendered and may direct the party who moved for the appointment of the receiver to pay such compensation in addition to the necessary expenditures incurred by the receiver which remain unpaid.(3) At the termination of a receivership, the receiver shall file a final accounting of the receipts and disbursements and apply for compensation setting forth the amount sought and the services rendered by the receiver.(Added Pub. L. 101–647, title XXXVI, § 3611, Nov. 29, 1990, 104 Stat. 4944.)Statutory Notes and Related SubsidiariesEffective Date

Section effective 180 days after Nov. 29, 1990, and applicable with respect to certain actions for debts owed the United States pending in court on that effective date, see section 3631 of Pub. L. 101–647, set out as a note under section 3001 of this title.

Notes of Decisions
Cited in 14 cases (9 in the last 5 years), 1994–2026 · leading case: United States v. Cap Quality Care, Inc., 400 F. Supp. 2d 295 (D. Me. 2005).
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United States v. Cap Quality Care, Inc., 400 F. Supp. 2d 295 (D. Me. 2005). · cites it 2× “28 U.S.C. § 3103 (a). (a) Property subject to sequestration.”
Zacarias v. Off. Stanford Int'l Bank, Ltd., 931 F.3d 382 (5th Cir. 2019). · cites it 2× “27 These implicit authorizations of receiverships are consistent with the more general express authorization Congress provided in 28 U.S.C. § 3103 . Otherwise stated, “[f]ederal equity receiverships, despite the name, have a federal statutory framework.”
Schueler v. Rayjas Enter., Inc., 847 F. Supp. 1147 (S.D.N.Y. 1994). “Section 3108 [see 28 USC § 3103 ]. Receivership This provision affirms and expands the inherent power of the Federal court to appoint receivers.”
Aldridge (S.D. Miss. 2026). · cites it 8× “Page -6- in the amount of $400 per hour plus expenses and as set forth under 28 U.S.C. §3103 (g)...” (Paragraph 7, Page 3).”
Corp. Mgmt. v. Henderson (5th Cir. 2026). · cites it 4× “Citing its “inherent equitable authority, Federal Rule of Civil Procedure 66[,] and 28 U.S.C. § 3103 ,” the district court also entered a supplemental order (Receivership Order) detailing the Receiver’s broad powers over Defendants, including their affairs with third parties.”
Stapleton v. Balding (D. Nev. 2020). · cites it 2× “010; 10 (2) 28 U.S.C. § 3103 ; and (3) Local Rule 66-1 and Rule 66 of the Federal Rules of Civil 11 Procedure.”
U.S. Bank Trust Co., Nat'l Ass'n v. Cayuga Prof'l Ctr., LLC (N.D.N.Y. 2024). · cites it 2× “Colucci of Cushman & Wakefield (the “Receiver”) is appointed receiver herein with respect to the Receivership Estate, with all of the powers and duties set forth in 28 U.S.C. § 3103 and as additionally set forth herein.”
Aldridge (S.D. Miss. 2026). · cites it 2× “The Receivership Order provides in part as follows: “Receiver shall be entitled to receive compensation in the amount of $400 per hour plus expenses and as set forth under 28 U.S.C. §3103 (g), which amounts shall be reasonable and necessary Receivership Expenses.”
SEC v. Stanford Int'l Bank (5th Cir. 2019). “27 These implicit authorizations of receiverships are consistent with the more general express authorization Congress provided in 28 U.S.C. § 3103 . Otherwise stated, the deploy of “[f]ederal equity receiverships, despite the name,” nests in “a federal statutory framework.”
Sec. & Exch. Comm'n v. Joseph Cole Barleta (11th Cir. 2024). “For support, he points us primarily to 28 U.S.C. § 3103 , which says that “[a] receivership shall not continue past the entry of judg- ment.”
Sec. & Exch. Comm'n v. Champion-Cain (S.D. Cal. 2021). “” 6 28 U.S.C. § 3103 (b)(A). She now moves the Court for an order permitting her 7 to sue non-parties Chicago Title Company and Chicago Title Insurance 8 Company (together, “CTC”) in California state court.”
Commodity Futures Trading Comm'n v. Oasis Int'l Grp., Ltd. (M.D. Fla. 2022). “DaCorta also argues that the Receiver was not “legally authorized” under 28 U.S.C. §§ 3103 , 3101, and 3102. (Doc.”
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— 28 U.S.C. § 3103(b)(1) — 1 case
U.S. Bank Trust Co., Nat'l Ass'n v. Cayuga Prof'l Ctr., LLC (N.D.N.Y. 2024). “Colucci of Cushman & Wakefield (the “Receiver”) is appointed receiver herein with respect to the Receivership Estate, with all of the powers and duties set forth in 28 U.S.C. § 3103 and as additionally set forth herein.”
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