407.105. Receiver, powers and duties of. - Missouri Statutes

Receiver, powers and duties of.

407.105. When a receiver is appointed by the court pursuantto section 407.100, he may sue for, collect, receive and takeinto his possession all the goods and chattels, rights andcredits, moneys and effects, lands and tenements, books, records,documents, papers, choses in action, bills, notes and property ofevery description, derived by means of any method, act, use,practice or solicitation, or any combination thereof, declared tobe unlawful or prohibited by this chapter, including propertywith which such property has been mingled if it cannot beidentified in kind because of such commingling, and to sell,convey, and assign the same and hold and dispose of the proceedsthereof under the direction of the court. Any person who hassuffered damages as a result of the use or employment of anyunlawful methods, acts, uses, practices or solicitations, or anycombination thereof, and submits proof to the satisfaction of thecourt that he has in fact been damaged, may participate withgeneral creditors in the distribution of the assets to the extenthe has sustained out-of-pocket losses. In the case of apartnership or business entity, the receiver shall settle theestate and distribute the assets under the direction of thecourt. The court shall have jurisdiction of all questionsarising in such proceedings and may make such orders andjudgments therein as may be required.

(L. 1973 H.B. 55, A.L. 1985 H.B. 96, et al., A.L. 1986 S.B. 685)

Effective 5-1-86