USA Statutes : nevada
Title : Title 03 - REMEDIES; SPECIAL ACTIONS AND PROCEEDINGS
Chapter : CHAPTER 32 - RECEIVERS
A receiver
may be appointed by the court in which an action is pending, or by the
judge thereof:
1. In an action by a vendor to vacate a fraudulent purchase of
property, or by a creditor to subject any property or fund to his claim,
or between partners or others jointly owning or interested in any
property or fund, on application of the plaintiff, or of any party whose
right to or interest in the property or fund, or the proceeds thereof, is
probable, and where it is shown that the property or fund is in danger of
being lost, removed or materially injured.
2. In an action by a mortgagee for the foreclosure of his mortgage
and sale of the mortgaged property, where it appears that the mortgaged
property is in danger of being lost, removed or materially injured, or
that the condition of the mortgage has not been performed, and that the
property is probably insufficient to discharge the mortgage debt.
3. After judgment, to carry the judgment into effect.
4. After judgment, to dispose of the property according to the
judgment, or to preserve it during the pendency of an appeal, or in
proceedings in aid of execution, when an execution has been returned
unsatisfied, or when the judgment debtor refuses to apply his property in
satisfaction of the judgment.
5. In the cases when a corporation has been dissolved, or is
insolvent, or in imminent danger of insolvency, or has forfeited its
corporate rights.
6. In all other cases where receivers have heretofore been
appointed by the usages of the courts of equity.
[1911 CPA § 251; RL § 5193; NCL § 8749]
1. In addition to the cases enumerated in NRS 32.010 , a court or judge may appoint a receiver in an
action brought by a secured lender to enforce the right provided in NRS
40.507 , or a similar right provided in
a mortgage, to enter and inspect real collateral to determine the
existence, location, nature and magnitude of any past, present or
threatened release or presence of a hazardous substance from, in, into or
onto it. A right provided in a mortgage is subject to the same
limitations and requirement of notice as are provided in NRS 40.507
.
2. As used in this section, “hazardous substance,” “release” and
“secured lender” have the meanings ascribed to them in NRS 40.504 , 40.505 and
40.506 , respectively.
(Added to NRS by 1993, 151)
1. In any receivership proceeding instituted in which a dividend
has been declared and ordered paid to creditors, any dividend which
remains unclaimed for 3 years reverts to the general fund of the estate
and must be applied as follows:
(a) To the payment of costs and expenses of the administration of
the estate and receivership.
(b) To a new dividend distributed to creditors whose claims have
been allowed but not paid in full. After those claims have been paid in
full, the balance is presumed abandoned under NRS 120A.210 .
2. This section applies to any receivership proceeding which may
be brought, and includes any bank, banking corporation, corporation,
copartnership, company, association or natural person.
[1:34:1929; NCL § 9422]+[2:34:1929; NCL § 9423]—(NRS A 1979, 1760;
1983, 1476; 1987, 754; 2001, 1648 )