Indiana Code
Chapter 3.1. Liquidation of Financial Institutions
28-1-3.1-6. Receiver; Authority

Sec. 6. The receiver of a closed financial institution may do the following:
(1) Take possession of all books, records, and assets of the financial institution.
(2) Collect all debts, claims, and judgments belonging to the financial institution and do such other acts as are necessary to preserve and liquidate its assets.
(3) Execute in the name of the financial institution any instrument necessary or proper to effectuate its powers or perform its duties as receiver.
(4) Initiate, pursue, and defend litigation involving any right, claim, interest, or liability of the financial institution.
(5) Exercise any and all fiduciary functions of the financial institution as of the date of appointment as receiver.
(6) Borrow money as necessary in the liquidation of the financial institution and secure the borrowings by the pledge or mortgage of assets.
(7) Abandon or convey title to any holder of a mortgage, security deed, security interest, or lien against property in which the financial institution has an interest whenever the receiver determines that to continue to claim that interest is burdensome and of no advantage to the financial institution, its depositors, creditors, or shareholders.
(8) Subject to the approval of the receivership court:
(A) sell any and all real and personal property to compromise any debt, claim, or judgment due to the financial institution and discontinue any action or other proceeding pending; or
(B) pay off all mortgages, securities deeds, security agreements, and liens upon any real or personal property belonging to the financial institution and purchase at a judicial sale or at a sale authorized by court order, any real or personal property in order to protect the financial institution's equity in that property.
(9) If, at the time of liquidation, a closed financial institution holds property in trust for an individual or a corporation under or by virtue of a trust instrument, the administration of the property must be handled in the manner set forth in IC 28-1-9-7.
Notwithstanding this section, when the Federal Deposit Insurance Corporation is appointed receiver of a financial institution, subdivision (8) does not apply.
As added by P.L.141-1984, SEC.2. Amended by P.L.42-1993, SEC.23; P.L.262-1995, SEC.7; P.L.35-2010, SEC.101.

Structure Indiana Code

Indiana Code

Title 28. Financial Institutions

Article 1. Department of Financial Institutions

Chapter 3.1. Liquidation of Financial Institutions

28-1-3.1-1. Definitions

28-1-3.1-2. Authority of Department to Take Possession of Business and Property; Conditions; Duties of Department

28-1-3.1-3. Holding Business and Property Until Liquidation of Affairs

28-1-3.1-4. Notice; Entry of Cause; Hearing; Record; Rights and Liabilities of Persons Interested; Federal Deposit Insurance Corporation as Receiver

28-1-3.1-5. Receiver; Appointment; Vesting of Title to All Assets and Right to Terminate Affairs of Institution; Liens or Claims Against Property

28-1-3.1-6. Receiver; Authority

28-1-3.1-7. Receiver's Authority to Sell Assets; Borrowing of Money for Deposit Liabilities

28-1-3.1-8. Claims; Presentation; Notice; Rejection

28-1-3.1-9. Late Claims

28-1-3.1-10. Repealed

28-1-3.1-10.1. Payment of Claims; Order

28-1-3.1-11. Rejection of Executory Contracts and Leases

28-1-3.1-12. Federal Deposit Insurance; Payments of Deposit Liabilities; Subrogation

28-1-3.1-13. Successor to Closed Financial Institution's Fiduciary Duties; Appointment; Powers and Duties; Notice of Appointment to Interested Parties

28-1-3.1-14. Personal Property Left in Possession of Closed Financial Institution; Appearances, Claims, and Disposition

28-1-3.1-15. Actions to Enforce Rights, Demands, or Claims Vested in Financial Institution, Shareholders, or Creditors

28-1-3.1-16. Articles of Dissolution; Contents; Federal Deposit Insurance Corporation as Receiver; Authority of Department to Act

28-1-3.1-17. Articles of Dissolution; Execution; Presentation; Fee

28-1-3.1-18. Articles of Dissolution; Duties of Secretary of State

28-1-3.1-19. Articles of Dissolution; Filing With County Recorder

28-1-3.1-20. Dissolution and Cessation of Existence

28-1-3.1-21. Troubled or Insolvent Financial Institutions; Federal Supervisory Agencies; Department's Authority to Approve Transactions