Sec. 12.
(1) Except as limited by court order or applicable law, a receiver may do all of the following:
(a) Collect, control, manage, conserve, and protect receivership property.
(b) Operate a business constituting receivership property, including preservation, use, sale, lease, license, exchange, collection, or disposition of the property in the ordinary course of business.
(c) In the ordinary course of business, incur unsecured debt and pay expenses incidental to the receiver's preservation, use, sale, lease, license, exchange, collection, or disposition of receivership property.
(d) Assert a right, claim, cause of action, or defense of the owner that relates to receivership property.
(e) Seek and obtain instruction from the court concerning receivership property, exercise of the receiver's powers, and performance of the receiver's duties.
(f) On subpoena, compel a person to submit to examination under oath, or to produce and permit inspection and copying of designated records or tangible things, with respect to receivership property or any other matter that may affect administration of the receivership.
(g) Engage a professional as provided in section 15.
(h) Apply to a court of another state for appointment as ancillary receiver with respect to receivership property located in that state.
(i) Exercise any power conferred by court order, this act, or law of this state other than this act.
(2) With court approval, a receiver may do any of the following:
(a) Incur debt for the use or benefit of receivership property other than in the ordinary course of business.
(b) Make improvements to receivership property.
(c) Use or transfer receivership property other than in the ordinary course of business as provided in section 16.
(d) Adopt or reject an executory contract of the owner as provided in section 17.
(e) Pay compensation to the receiver as provided in section 21, and to each professional engaged by the receiver as provided in section 15.
(f) Recommend allowance or disallowance of a claim of a creditor as provided in section 20.
(g) Make a distribution of receivership property as provided in section 20.
(3) A receiver shall do all of the following:
(a) Prepare and retain appropriate business records, including a record of each receipt, disbursement, and disposition of receivership property.
(b) Account for receivership property, including the proceeds of a sale, lease, license, exchange, collection, or other disposition of the property.
(c) File with the appropriate real property recording office a copy of the order appointing the receiver and, if a legal description of the real property is not included in the order, the legal description.
(d) Disclose to the court any fact arising during the receivership that would disqualify the receiver under section 7.
(e) Perform any duty imposed by court order, this act, or law of this state other than this act.
(4) The powers and duties of a receiver may be expanded, modified, or limited by court order on reasonable notice as determined by the court.
History: 2018, Act 16, Eff. May 7, 2018 ;-- Am. 2020, Act 210, Imd. Eff. Oct. 15, 2020
Structure Michigan Compiled Laws
Chapter 554 - Real and Personal Property
Act 16 of 2018 - Receivership Act (554.1011 - 554.1040)
Section 554.1011 - Short Title.
Section 554.1012 - Definitions.
Section 554.1013 - Court Order; Issuance; Notice and Hearing; Circumstances.
Section 554.1014 - Applicability of Act; Scope; Limitation.
Section 554.1017 - Appointment of Receiver; Objection; Requirements; Disqualifications.
Section 554.1018 - Bond; Alternative Security.
Section 554.1019 - Status of Receiver as Lien Creditor.
Section 554.1020 - Acquisition of Property After Appointment as Receiver; Security Agreement.
Section 554.1022 - Powers and Duties of Receiver.
Section 554.1023 - Duties of Owner.
Section 554.1024 - Stay or Injunction.
Section 554.1025 - Engagement of Professional; Compensation.
Section 554.1027 - "Timeshare Interest" Defined; Executory Contract.
Section 554.1028 - Defenses and Immunities of Receiver.
Section 554.1029 - Quarterly Interim Report of Receiver.
Section 554.1031 - Fees and Expenses.
Section 554.1032 - Removal of Receiver; Replacement; Discharge; Termination.
Section 554.1033 - Final Report of Receiver; Contents; Discharge.
Section 554.1034 - Receivership in Another State; Rights, Powers, and Duties of Ancillary Receiver.
Section 554.1035 - Enforcement by Secured Party; Effect.
Section 554.1036 - Uniformity of Law.
Section 554.1037 - Electronic Signatures in Global and National Commerce Act.
Section 554.1038 - Receiver Appointed Before Effective Date of Act.