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Include the following notice if a minor is named in the caption or if the motion contains other unredacted sensitive data. See § 6 of the Introduction in volume 1 of this manual concerning protection of sensitive data in filed documents. |
NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA
[Caption. See § 3 of the Introduction in volume 1 of this manual.]
Motion for Appointment of Receiver
[Business]
This Motion for Appointment of Receiver is brought by [name of movant], [party designation], who shows in support:
1.[Petitioner, [name], and Respondent, [name],/Petitioner, [name],/Respondent, [name],] [are/is] the owner[s] of a business that operates under the name [name] and is located at [street address, city, county]. The appointment of a receiver to [sell/operate/operate, including rehabilitate or liquidate,/operate and sell] this business is necessary and equitable.
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Select one of the following. |
2.The business the subject of this motion is being used to waste marital assets to the detriment of the parties. There is now danger that if a receiver is not appointed, the community estate will suffer irreparable loss. There is no adequate remedy at law except for the appointment of a receiver and that the receiver [sell/operate/operate, including rehabilitate or liquidate,/operate and sell] the business.
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Or |
2.[Designation of non-moving party] has failed to meet [his/her] financial obligations under this Court’s orders. If a receiver is not appointed to immediately [sell/operate/operate, including rehabilitate or liquidate,/operate and sell] the business, the community will be harmed. There is no adequate remedy at law except for the appointment of a receiver.
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Include any other grounds for the appointment of a receiver and the sale, operation, etc. of the business. |
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Include the following if applicable. |
3.[Name of movant] requests that the Court assess an appropriate bond. [Name of movant] requests that [name] be restrained temporarily, immediately without hearing, and after notice and hearing be temporarily enjoined from [include if applicable: foreclosing, seeking to foreclose, or] taking or attempting to take possession of the business described in this petition.
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Continue with the following. |
[Name of movant] prays that the Court grant this Motion for Appointment of Receiver to [sell/operate/operate, including rehabilitate or liquidate,/operate and sell] the business.
[Name]
Attorney for [name of movant]
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Fax]
Notice of Hearing
The above motion is set for hearing on __________________ at ____________ __. m. in [designation and location of court].
SIGNED on ________________________________.
Judge or Clerk
Certificate of Service
I certify that a true copy of this [document/[title of document]] was served in accordance with rule 21a of the Texas Rules of Civil Procedure on the following on [date]:
[Name of attorney of record or party to be served] by [electronic filing manager/e-mail at [e-mail address]/fax at [fax number]/personal delivery at [address]/commercial delivery service at [address]/certified mail at [address]/first-class mail at [address]]. [Repeat for each attorney of record or party to be served.]
[Name]
Attorney for [name of movant]