(a) The commencement of proceedings for the appointment of a receiver of a corporation or a partnership shall dissolve all attachments and all levies of executions not completed, made within the preceding sixty days, on the property of the corporation or partnership.
(b) If the property is subsequently taken from the receiver so that it cannot be made subject to the orders of the court in the settlement of the affairs of the corporation or partnership or if the receivership is terminated by order of the court pending the settlement of the affairs of the corporation or partnership, the attachments and levies of execution shall revive. The time from the commencement of the proceedings to the time when the receiver is dispossessed of the property, or to the time when the court finds that the property is not subject to the orders of the court, or to the time when the trust is terminated, shall be excluded from the computation in determining the continuance of the lien created by the attachment.
(c) Attaching or levying creditors shall be allowed the amount of their legal costs, accruing before the time of the appointment of a receiver, as a preferred claim against the property of the corporation or partnership, if their respective claims upon which the attachments are founded are allowed, in whole or in part.
(1949 Rev., S. 8250; P.A. 82-160, S. 201.)
History: P.A. 82-160 rephrased the section and inserted Subsec. indicators.
Creditor's rights to attach or levy are suspended by the appointment. 66 C. 359; 70 C. 232; 106 C. 165. Statute has no application to legal proceedings in other states. 71 C. 353. Statute applies to suits commenced in the federal as well as in the state courts. 73 C. 154, 155. Action may, however, be pursued. 85 C. 278.