Md. R. Rec. & Assign. 13-102

As amended through October 15, 2024

Rule 13-102 - Scope

(a) Generally.

The Rules in this Title apply to actions and proceedings in a circuit court:

(1) to assume jurisdiction over and administer an assignment for the benefit of creditors; and

(2) for the appointment of a receiver and the administration of a receivership proceeding.

(b)Exceptions

(1) The Rules in this Title do not apply to:

(A) receivership proceedings commenced under Rule 3-722, except that the District Court may apply a Rule in this Title to the extent that such application is not inconsistent with Rule 3-722 and is within the jurisdiction of the District Court.

(B) receivership proceedings commenced under Code, Commercial Law Article, § 24-201(b), except that Rules 13-101 through 13-108, 13-301 through 13-303, 13-501(c) - (g), 13-601 through 13-603, and 13-701 through 13-704 apply in those proceedings.

(2) If, as part of an assignment or receivership proceeding, or in anticipation of such a proceeding, a foreclosure action subject to the Rules in Title 14 is commenced, the Rules in that Title apply and prevail with respect to the foreclosure proceeding.

Md. R. Rec. & Assign. 13-102

This Rule is derived in part from former Rule BP1 b and is in part new.

Adopted June 5, 1996, eff. 1/1/1997. Amended Dec. 16, 1999, eff. 1/1/2000; 12/4/2007, eff. 1/1/2008; amended June 29, 2020, eff. 8/1/2020.

HISTORICAL NOTES

1999 Orders

The December 16, 1999, order inserted subsec. (b)(2); and redesignated former subsec. (b)(2) as subsec. (b)(3).

2007 Orders

The December 4, 2007, order, updated the cross reference.

Derivation:

Maryland Rule of Procedure BP1, adopted Sept. 15, 1961, eff. Jan. 1, 1962, amended April 6, 1984, eff. July 1, 1984, related to definitions and the scope of former Subtitle BP, rescinded June 5, 1996, eff. Jan. 1, 1997.

Committee note: Code, Commercial Law Article, § 24-201(b) permits a court to appoint a receiver in connection with a commenced or anticipated foreclosure action under certain circumstances. Because foreclosure proceedings may be commenced only by the mortgagee or trustee, or the agent or assignee of the mortgage or trustee, and are subject to special procedures, requirements, and limitations, the Rules in Title 14 will apply to such proceedings. It is recommended that the same judge preside over both the foreclosure and the receivership proceedings to assure that both proceed efficiently and in harmony.

For an example of a statute specifically providing that these rules apply, see Code, Financial Institutions Article, § 9-708. For examples of statutes authorizing the appointment of a receiver, see Code, Corporations and Associations Article, §§ 3-411, 3-414, 3-415, and 3-514; Financial Institutions Article, §§ 5-605 and 6-307; Commercial Law Article, §§ 6-106 and 15-210; Health-General Article, § 19-334; and Real Property Article, §§ 11-109.3 and 11B-111.5. This list is illustrative only.