§ 78B-21-122 — Removal of receiver -- Replacement -- Termination of receivership.

(1) The court may remove a receiver for cause.
(2) The court shall replace a receiver that dies, resigns, or is removed.
(3) If the court finds that a receiver that resigns or is removed, or the representative of a receiver that is deceased, has accounted fully for and turned over to the successor receiver all receivership property and has filed a report of all receipts and disbursements during the service of the replaced receiver, the replaced receiver is discharged.
(4) (4)(a) The court may discharge a receiver and terminate the court's administration of the receivership property if the court finds that appointment of the receiver was improvident or that the circumstances no longer warrant continuation of the receivership.
(4)(b) If the court finds that the appointment was sought wrongfully or in bad faith, the court may assess against the person that sought the appointment:
(4)(b)(i) the fees and expenses of the receivership, including reasonable attorney fees and costs; and
(4)(b)(ii) actual damages caused by the appointment, including reasonable attorney fees and costs.

Legislative History

Enacted by Chapter 431, 2017 General Session