128.20 Settlement of receiver's or assignee's accounts. - Wisconsin Statutes

128.20

128.20 Settlement of receiver's or assignee's accounts.

128.20(1)

(1)

128.20(1)(a)

(a) Every receiver or assignee shall, within 6 months after the time limited for filing claims or within any further time that the court allows, file with the clerk of circuit court a full and itemized statement, verified by the receiver's or assignee's oath, showing all of the following in regard to the receivership or assignment:

128.20(1)(a)1.

1. The property received by the receiver or assignee.

128.20(1)(a)2.

2. The manner of the receiver's or assignee's dealing with the property received.

128.20(1)(a)3.

3. The amount of money realized by the receiver or assignee.

128.20(1)(a)4.

4. The condition of the property and funds in the receiver's or assignee's possession.

128.20(1)(a)5.

5. The names and residences of the debtor's creditors.

128.20(1)(a)6.

6. The dividends paid to the debtor's creditors.

128.20(1)(a)7.

7. The receiver's or assignee's receipts and disbursements.

128.20(1)(a)8.

8. The receiver's or assignee's claim for compensation and administration expenses.

128.20(1)(b)

(b) If any receiver or assignee neglects to apply promptly for a settlement of his or her account, the court may, upon application of any creditor, compel the making and filing of the account or settlement of the account and in that case the receiver or assignee may be denied compensation.

128.20(2)

(2) Upon filing the report described in sub. (1) (a), the receiver or assignee may apply to the court upon not less than 10 days' notice by mail to the respective creditors named in the report, for a final settlement of the account. The court shall fix a time and place for the hearing of objections or taking of evidence and by order settle and adjust the accounts and the compensation and expenses of the receiver or assignee, regardless of whether objection is made. The order shall be conclusive upon all parties including the sureties of the receiver or assignee. The receiver or assignee or any creditor may appeal from the order in the manner prescribed for appeals in civil actions except that the receiver or assignee may file a notice and undertaking with the clerk without other service of the notice and undertaking. The receiver or assignee shall be discharged of the trust and the bond canceled upon compliance with the final order of the court.

128.20 - ANNOT.

History: 1983 a. 219; 1993 a. 492; 1997 a. 253.

128.20 - ANNOT.

Judicial Council Note, 1983: Sub. (2) is amended by repealing the appeal deadline of 30 days from entry for greater uniformity. An appeal must be initiated within the time specified in s. 808.04 (1), stats. [Bill 151-S]