Missouri Revised Statutes













Chapter 198

Convalescent, Nursing and Boarding Homes

←198.128

Section 198.132.1

198.136→

August 28, 2015

Accounting by receiver, when--contents--liability for deficiency--priority of deficiency judgment.

198.132. 1. Within thirty days after termination or such other time as

the court may set, the receiver shall give the court a complete accounting of

all property of which the receiver has taken possession, of all funds

collected under section 198.108 and of the expenses of the receivership.



2. If the operating funds collected by the receiver under section

198.112 exceed the reasonable expenses of the receivership, the court shall

order the payment of the surplus to the operator. If the operating funds are

insufficient to cover reasonable expenses of the receivership, the operator

shall be liable for the deficiency. The operator may apply to the court to

determine the reasonableness of any expense of the receivership. The operator

shall not be responsible for expenses in excess of what the court finds to be

reasonable.



3. If a deficiency exists under subsection 2 of this section, the

receiver may apply to the court for such a determination. If after notice to

all interested parties and a hearing the court finds that in fact a

deficiency does exist, then the court shall enter judgment in favor of the

receiver and against the appropriate party or parties as set forth in

subsection 2 of this section for the amount of such deficiency. Any judgment

obtained under this subsection shall be treated as any other judgment and may

be enforced according to law.



4. Any judgment for a deficiency obtained in accordance with this

section by the receiver or any portion thereof may be assigned wholly or in

part upon approval of the court.



5. The judgment shall have priority over any other judgment or lien or

other interest which originates subsequent to the filing of a petition for

receivership under the provisions of sections 198.099 to 198.136 except for a

construction or mechanic's lien arising out of work performed with the

express consent of the receiver.



(L. 1979 S.B. 328, et al. § 43)



Effective 7-1-79







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