Whenever the superintendent or a receiver has taken charge of the property or business of any bank, such bank may at any time within 10 days after the taking of such possession apply to the receivership court to enjoin further proceedings by the receiver or superintendent; and the court, after citing the receiver and superintendent to show cause why further proceedings should not be enjoined and hearing the allegations and proof of the parties and determining the facts, may, upon the merits, dismiss such application or enjoin the receiver or superintendent from further proceedings and direct him to surrender such business and property to such bank. Any such application for injunction may be heard at any time in the discretion of the receivership court after one day's notice from the time of service of process on the receiver and superintendent. If application is made to enjoin the proceedings of the receiver, the superintendent may intervene and become a party to such action as a matter of right.
Structure Code of Alabama
Title 5 - Banks and Financial Institutions.
Chapter 8A - Liquidation of Banks.
Section 5-8A-21 - Liquidation of Bank by Superintendent Without Assent of Banking Board.
Section 5-8A-22 - Institution of Civil Action for Vacation of Charter, Liquidation, etc., of Bank.
Section 5-8A-24 - Appointment of Receiver to Liquidate Bank.
Section 5-8A-25 - Passage of Title to Assets, etc., of Banking Institution to Receiver.
Section 5-8A-26 - Use of Bank Examiner's Reports as Evidence in Liquidation Proceedings, Etc.
Section 5-8A-27 - Application by Bank for Injunction Against Acquisition of Possession of Business and Property by Receiver or Superintendent.
Section 5-8A-28 - Creation of Liens Against Bank After Possession by Superintendent.
Section 5-8A-29 - Resumption of Business of Bank.
Section 5-8A-30 - Collection of Claims of Bank, Etc.
Section 5-8A-31 - Subrogation of Federal Deposit Insurance Corporation.
Section 5-8A-32 - Sale, etc., of Bad Debts and Property of Bank.
Section 5-8A-33 - Negotiation of Loans, Granting of Security, etc., on Behalf of Closed Bank.
Section 5-8A-34 - Loans From and Sale of Assets to Federal Deposit Insurance Corporation for Bank.
Section 5-8A-35 - Assumption or Rejection of Executory Contracts by Receiver.
Section 5-8A-37 - Payment of Compensation.
Section 5-8A-38 - Deposit of Funds Collected by Receiver.
Section 5-8A-39 - Notice for and Filing of Claims Against Bank.
Section 5-8A-40 - Preferred Claims.
Section 5-8A-41 - Inventory of Assets of Bank; Filing List of Claims.
Section 5-8A-42 - Objections to Claims; Unproven or Unclaimed Deposits.
Section 5-8A-43 - Rejection of Claims.
Section 5-8A-44 - Actions Upon Rejected Claims; Late Claims.
Section 5-8A-45 - Payment of Dividends to Creditors.
Section 5-8A-46 - Final Distribution, Termination of Receivership and Dissolution of Bank.