Md. R. Rec. & Assign. 13-106

As amended through October 15, 2024

Rule 13-106 - ELIGIBILITY TO SERVE AS RECEIVER, ASSIGNEE, OR PROFESSIONAL

(a) Receiver or Assignee

A person who is disqualified under Code, Commercial Law Article, § 24-203(b) may not be appointed as a receiver and shall be replaced as an assignee.

(b) Professionals Generally

A person may not serve as an attorney, accountant, appraiser, auctioneer, or other professional representing or assisting a receiver or assignee unless the person provides a statement, under penalty of perjury, as set forth in Rule 13-302, that demonstrates that the eligibility requirements under Code, Commercial Law Article, § 24-303 are satisfied.

(c) Ineligibility No Bar to Assumption of Jurisdiction

The court shall not refuse to assume jurisdiction over the estate of a debtor or appoint a receiver solely because it finds that the proposed assignee or receiver is ineligible to serve under this Rule. After assuming jurisdiction, the court shall remove the ineligible assignee or receiver pursuant toRule 13-701 and may take any action permitted or required by Rule 13-703.

Md. R. Rec. & Assign. 13-106

This Rule is derived in part from former Rule BP3 a and c, is in part derived from 11 U.S.C. § 101 and § 327, and is in part new.

Adopted June 5, 1996, eff. 1/1/1997; amended June 29, 2020, eff. 8/1/2020.