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Tenn. Code Ann. § 29-40-107

Disqualification from appointment as receiver — Disclosure of interest

Known as the Uniform Commercial Real Estate Receivership Act

The act spans §§ 29-40-101 to 29-40-128 (28 sections).

Acts 2018, ch. 731, § 1.

(1) The court may not appoint a person as receiver unless the person submits to the court a statement under penalty of perjury that the person is not disqualified.

(2) Except as otherwise provided in subsection (c), a person is disqualified from appointment as receiver if the person: Is an affiliate of a party;

(3) Has an interest materially adverse to an interest of a party;

(4) Has a material financial interest in the outcome of the action, other than compensation the court may allow the receiver;

(5) Has a debtor-creditor relationship with a party; or

(6) Holds an equity interest in a party, other than a noncontrolling interest in a publicly-traded company.

(7) A person is not disqualified from appointment as receiver solely because the person: Was appointed receiver or is owed compensation in an unrelated matter involving a party or was engaged by a party in a matter unrelated to the receivership;

(8) Is an individual obligated to a party on a debt that is not in default and was incurred primarily for personal, family, or household purposes; or

(9) Maintains with a party a deposit account as defined in § 47-9-102(a).

(10) A person seeking appointment of a receiver may nominate a person to serve as receiver, but the court is not bound by the nomination.

Current official text: Tennessee Code (LexisNexis). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Tennessee statutes; confirm against the official source for the current text. Not legal advice.