When any fund or property is in litigation and the rights of either or both parties cannot otherwise be fully protected or when there is a fund or property having no one to manage it, a receiver of the same may be appointed by the judge of the superior court having jurisdiction thereof. History. Ga. […]
The judge of the superior court, in his discretion, may require a receiver to give bond conditioned for the faithful discharge of the trust reposed. If bond is so required, the judge shall fix the amount thereof and shall determine the sufficiency of the security. The judge shall also regulate the compensation paid to the […]
Where funds are in the hands of a receiver pending a final disposition, the receiver may deposit the funds into a bank or trust company which is insured by the Federal Deposit Insurance Corporation, Federal Savings and Loan Insurance Corporation, or successor entities. If the receiver fails to utilize such an insured bank or trust […]
A receiver shall not be subject to the process of garnishment. History. Orig. Code 1863, § 3475; Code 1868, § 3495; Code 1873, § 3553; Code 1882, § 3553; Civil Code 1895, § 4910; Civil Code 1910, § 5485; Code 1933, § 55-311.
In all cases where a receiver is appointed under the laws of this state to take charge of the assets of any person, firm, or corporation and a fund is brought into court for distribution, the court having jurisdiction thereof shall award to counsel filing the petition and representing the moving creditor or creditors, out […]
Receivers who are required by law to give bond as such who have given as security on such bonds one or more guaranty companies, surety companies, fidelity insurance companies, or fidelity and deposit companies, as authorized by law, may include as part of their lawful expenses or costs of administration such reasonable sum or sums […]
Equity may appoint receivers to take possession of and protect trust or joint property and funds whenever the danger of destruction and loss shall require such interference. History. Orig. Code 1863, § 3031; Code 1868, § 3043; Code 1873, § 3098; Code 1882, § 3098; Civil Code 1895, § 4901; Civil Code 1910, § 5476; […]
Equity may appoint a receiver to take possession of and hold, subject to the direction of the court, any assets charged with the payment of debts where there is manifest danger of loss, destruction, or material injury to those interested. Under extraordinary circumstances, a receiver may be appointed before and without notice to the trustee […]
The power of appointing receivers should be prudently and cautiously exercised and except in clear and urgent cases should not be resorted to. History. Civil Code 1895, § 4902; Civil Code 1910, § 5477; Code 1933, § 55-303. History of Code section. The language of this Code section is derived in part from the decision […]
Where property has been placed in the hands of a receiver, all persons properly seeking to assert equitable remedies against such assets shall become parties to the case by intervention and shall prosecute their remedies therein. History. Civil Code 1895, § 4903; Civil Code 1910, § 5478; Code 1933, § 55-304. History of Code section. […]
Persons holding liens on property in the hands of a receiver may be made parties to the case at any time. Unless otherwise provided in the order, liens upon the property held by any parties to the record, shall be dissolved by the receiver’s sale and transferred to the funds arising from the sale of […]
The presiding judge, in his discretion under the law, may order any funds, in the hands of a receiver or any other officer of court, while awaiting the termination of protracted litigation, to be invested as provided in the case of executors and administrators. History. Orig. Code 1863, § 272; Code 1868, § 266; Code […]
The receiver is an officer and servant of the court appointing him, is responsible to no other tribunal than the court, and must in all things obey its direction. The receiver shall discharge his trust according to the orders or decrees of the court appointing him. He is at all times subject to its orders […]
Receivers of corporations shall be amenable to and shall make their returns to the superior court of the county where they reside at the time of the appointment. History. Orig. Code 1863, § 275; Code 1868, § 269; Code 1873, § 278; Code 1882, § 278; Civil Code 1895, § 4912; Civil Code 1910, § […]
