Md. R. Rec. & Assign. 13-701

As amended through November 17, 2023
Rule 13-701 - REMOVAL OF ASSIGNEE, RECEIVER, OR PROFESSIONAL
(a) Motion; On Court's Own Initiative

Any person having an interest in the estate may file a motion to remove a receiver, assignee, or any person employed as a professional by the receiver or assignee. A motion filed pursuant to this section shall state the reasons for the requested removal and may include a request for the appointment of a successor receiver, assignee, or professional. The court may initiate removal proceedings by entry of a show cause order pursuant to section (b) of this Rule and shall state in the order the reasons for the proposed removal.

(b) Show Cause Order; Service

If removal proceedings are initiated, the court shall order the receiver, assignee, or professional to show cause why the receiver, assignee, or professional should not be removed or be subject to other sanctions. The order, together with a copy of any motion, shall be served pursuant to Rule 2-121 on the person sought to be removed or, if it is shown by affidavit that the whereabouts of the person sought to be removed are unknown and that reasonable efforts have been made in good faith to locate the person, the court may order service pursuant to Rule 2-122. Copies of the show cause order and any motion shall be sent by first class mail, postage prepaid, to the surety on the bond of the receiver or assignee and to any other persons directed by the court.

(c) Disposition

For cause, including ineligibility, the court may remove a receiver, assignee, or professional.

Md. R. Rec. & Assign. 13-701

This Rule is in part derived from former Rule V84 and is in part new.

Adopted June 5, 1996, eff. 1/1/1997; amended June 29, 2020, eff. 8/1/2020.

HISTORICAL NOTES

Derivation:

Maryland Rule of Procedure V84, revised eff. Feb. 2, 1970, amended eff. July 1, 1974, related to removal for cause, rescinded June 5, 1996, eff. Jan. 1, 1997.

Cross reference: See Code, Commercial Law Article, § 24-703.