No later than five days after the court appoints a receiver or assignee, or assumes jurisdiction over an estate, the receiver or assignee shall prepare, mail, and cause any publication of the Notice to Creditors required under Code, Commercial Law Article, § 24-302(a) and (b). The receiver or assignee shall file with the clerk a certificate of mailing or publication of the Notice within five days after the initial mailing or publication.
Within five days after filing the financial documents required by Rule 13-202(a), the receiver or assignee shall send a copy of the notice required by section (a) by mail to all creditors shown on the documents to whom the notice was not sent pursuant to section (a) of this Rule. Within five days after such mailing, the receiver or assignee shall file with the clerk a certificate of mailing.
The receiver or assignee shall promptly send a copy of the notice required by section (a) by mail to each creditor whose identity is discovered after the mailing of the notice under sections (a) or (b). Within five days after such mailing, the receiver or assignee shall file a certificate of mailing.
If a financial document filed under Rule 13-202 discloses another civil action pending in a Maryland court to which the debtor is a party, the receiver or assignee shall file a notice of the receiver's appointment or the assumption of jurisdiction over the assignee's estate, and the automatic stay arising under Code, Commercial Law Article, § 24-401 with the clerk of the court where the debtor is a party to the action and send a copy (A) to all parties of record in that action and (B) to parties of record in a non-judicial foreclosure.
The notice shall be on a form approved by the State Court Administrator and posted on the Judiciary website and shall be sent by first class or certified mail within 10 days after the filing of the financial document disclosing the pending action.
Within ten days after entry of an order under Rule 13-704 terminating the receivership or assignment for the benefit of creditors, the receiver or assignee shall file a notice of the termination of the automatic stay in any action in which the notice required under section (d) of this Rule was filed. The notice shall be substantially in the form approved by the State Court Administrator and posted on the Judiciary website.
Md. R. Rec. & Assign. 13-201
This Rule is derived in part from former Rule BP4 a 1, in part from former Rule BP4 a 2, and is in part new.
HISTORICAL NOTES
Derivation:
Maryland Rule of Procedure BP4, adopted Sept. 15, 1961, eff. Jan. 1, 1962, amended April 6, 1984, eff. July 1, 1984, related to claims, notice, filing, and exceptions, rescinded June 5, 1996, eff. Jan. 1, 1997.
2011 Orders
The June 7, 2011, order added clarifying language to three forms in section (b).