Thursday, January 24, 2008

Consumer : Following Up on "Cemetery Problems"

The Indianapolis Star reports, Temporary receiver named for Nelms properties, about the Johnson County court appointing a temporary receiver in the Nelms case.

Johnson County Circuit Court Judge Mark Loyd selected attorney Lynette Gray as a temporary receiver over Memory Gardens Management Corp., which includes Forest Lawn Memory Gardens in Greenwood and other cemeteries in Michigan and Ohio.

Robert E. Nelms, 39, and Debora Johnson, 48, were charged in Marion County Jan. 17 with nine felony counts each. The counts include theft and violations of a cemetery perpetual-care fund.

For Indiana law on receivers has two places to start - Indiana Trial Rule 66 and IC 32-30-5. Neither statute nor Trial Rule make any mention of a temporary receiver, but then they do declare a court lacks the power for appointing a temporary receiver.

Indiana Code 32-30-5-7 sets out the receiver's powers:
The receiver may, under control of the court or the judge:
(1) bring and defend actions;
(2) take and keep possession of the property;
(3) receive rents;
(4) collect debts; and
(5) sell property;
in the receiver's own name, and generally do other acts respecting the property as the court or judge may authorize.
If The Star correctly reported the reciever as being temporary, I guess the purpose would be having somone having possession of the company's property until there can be a full hearing on the receivership.

For my earlier post on the Nelms case see Cemetery Problems.