1-507.36. Removal of receivers.
(a) Removal of Receiver. - The court may remove the receiver if: (i) the receiver fails to execute and file the bond required by G.S. 1-507.26; (ii) the receiver dies, resigns, refuses, or fails to serve for any reason; or (iii) for other good cause.
(b) Successor Receiver. - Upon removal of the receiver, if the court determines that further administration of the receivership is required, the court shall appoint a successor receiver. Upon executing and filing a bond under G.S. 1-507.26, the successor receiver shall immediately succeed the removed receiver and shall assume the duties of receiver.
(c) Report and Discharge of Removed Receiver. - Within 30 days after removal, the removed receiver shall file with the court and serve a report pursuant to G.S. 1-507.35, for matters up to the date of the removal. Upon approval of the report, the court may enter an order pursuant to G.S. 1-507.37 discharging the removed receiver. (2020-75, s. 1.)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 38A - North Carolina Commercial Receivership Act.
§ 1-507.20 - Short title; definitions.
§ 1-507.21 - Applicability of Article and of common law.
§ 1-507.22 - Powers of the court.
§ 1-507.23 - Types of receiverships.
§ 1-507.24 - Appointment of receivers; receivership not a trust.
§ 1-507.25 - Eligibility of receiver.
§ 1-507.27 - Defenses and immunities; discovery.
§ 1-507.28 - Powers and duties of receivers.
§ 1-507.29 - Receiver as lien creditor; real estate recording; subsequent sales of real estate.
§ 1-507.30 - Duties of debtor.
§ 1-507.31 - Employment and compensation of professionals.
§ 1-507.32 - Schedules of property and claims.
§ 1-507.34 - Notices; motions; orders.
§ 1-507.35 - Records; interim reports; status hearings.
§ 1-507.36 - Removal of receivers.
§ 1-507.37 - Termination of receiverships; final report.
§ 1-507.38 - Actions by or against receiver; actions relating to receivership property.
§ 1-507.39 - Procedure for determining individual business debtor's exempt property.
§ 1-507.40 - Turnover of receivership property.
§ 1-507.41 - Ancillary receiverships.
§ 1-507.44 - Receivership financing.
§ 1-507.45 - Executory contracts.
§ 1-507.46 - Use or transfer of receivership property not in ordinary course.
§ 1-507.47 - Abandonment of property.
§ 1-507.48 - Liens against after-acquired property.
§ 1-507.50 - Objection to and allowance of claims.
§ 1-507.51 - Priority of claims.