(A) Actions; appointment; procedure. An action wherein a receiver, assignee for the benefit of creditors or statutory, or other liquid- ator has been appointed shall not be dismissed except by order of the court. Administration of such estates shall be in accordance with the practice heretofore followed. In all other respects the action in which the appointment of such officer is sought or which is brought by or against him is governed by these rules.
Rule 66.Receivers, assignees for the benefit of creditors and statutory and other liquidators; claims against such officers
Current through July 1, 2026 · Last verified July 13, 2026
In one sentenceTrial Rule 66 governs cases where a receiver, assignee for the benefit of creditors, or other liquidator has taken over an estate — dismissal, disclosure of assets and liabilities, creditor notice and claim deadlines, and which claims must be paid without a formal filing.
Full Text of Rule 66
(B) Statement of assets and liabilities. Whenever a receiver, assignee for the benefit of creditors, statutory or other liquidator shall have been appointed to take over the business or assets of any person, organization, or part- nership, the court appointing such officer may, or upon petition of any interested person shall, fix a time within which the person, or members, owners, agents or officers of the busi- ness or assets so placed in the hands of the officer, shall file with the clerk of the court in which such proceedings are had, a full, complete, itemized statement in affidavit form, setting forth in detail all the assets and all the liabilities of such person, organization or partnership including a list of the names and addresses of all known creditors. In case of noncompliance, the statement shall be prepared by the liquidator.
(C) Notice of appointment--Time within which to file claims. After such statement is filed, such officer shall give reasonable notice of his appointment by publication as ordered by the court, and the receiver shall mail a copy of said notice to all creditors listed on the statement so filed or prepared. Said notice shall state the date of appointment of the receiver and the period of time, as shall have been fixed by the court, within which creditors may file claims. Said period of time shall not be less than six [6] months from said date of appointment.
(D) Claims. The procedure for the filing, consideration, allowance or trial of claims in receiverships and assignments for the benefit of creditors, or statutory or other liquidations, shall, insofar as is practicable, conform with the procedure relating to claims in decedents’ estates.
(E) Claims which must be paid without filing. A receiver, assignee for the benefit of creditors, statutory or other liquidator shall pay or make distributions according to priorities as required by law upon all claims, whether prop- erly filed or filed within the allowed time after the appointment of the officer, if:
(1) liquidated in amount or capable of liquidation by a mathematical computation;
(2) the claim was owing and could have been filed and proved after the officer’s appoint- ment; and
(3) it is shown to be unpaid or owing upon the books or records of the debtor regularly and currently maintained for the purpose of showing the status of claims of such class. Payment or distribution hereunder may be recovered by the officer or his successor to the extent it was excessive, not owing, or not payable. Upon petition of any interested person or the officer prior to final distribution or along with a petition for final distribution, the court may determine the existence or nonexistence of claims subject to this subdivision and may issue appropriate orders for payment or nonpayment as the case may be.
Amendment History
This rule’s current text took effect January 1, 1970. For the full history of earlier amendments and adoption orders, see the Indiana Office of Court Services.
Plain-English Summary
Trial Rule 66 applies once a court has appointed someone to take charge of an estate on behalf of creditors — a receiver, an assignee for the benefit of creditors, or another kind of statutory or court-appointed liquidator. Section (A) sets the ground rule: a case with one of these officers in place cannot be dismissed except by court order, and administering the estate follows the practice Indiana courts have long used for that kind of proceeding. Everything else about the lawsuit, whether it is the one that led to the appointment or one later brought by or against the officer, follows the ordinary trial rules like any other civil case.
Sections (B) and (C) require transparency early on. Once an officer takes over a business, organization, or partnership's assets, the court can order, and must order if an interested person asks, a full, itemized, sworn statement of everything the debtor owns and owes, including the names and addresses of every known creditor. If nobody complies, the officer has to put the statement together instead. Once that statement is on file, the officer has to publish notice of the appointment as the court directs and mail a copy to every creditor named in the statement. That notice must say when the officer was appointed and set a deadline for creditors to file claims — a deadline that cannot run shorter than six months from the appointment date.
Section (D) ties the claims process for these estates to the procedure Indiana already uses for claims against a decedent's estate, so far as that procedure fits. Section (E) then carves out an exception to filing altogether: the officer has to pay certain claims without waiting for anyone to file them, as long as three things are all true — the claim is either a fixed amount or one a simple calculation can pin down, the debt arose in a way that could have been filed and proved after the officer's appointment, and the debtor's own regularly kept books or records show it as unpaid and owing. If the officer ends up paying more than was owed, the officer or a successor can recover the excess. And before the estate winds up, whether on a petition filed ahead of time or together with the petition for final distribution, the court can settle any dispute over whether one of these claims exists and order payment or nonpayment accordingly.
Frequently Asked Questions
Can an Indiana receivership case be dismissed without a court order?
No. Section (A) says an action in which a receiver, assignee for the benefit of creditors, or other liquidator has been appointed cannot be dismissed except by order of the court.
What has to be in the statement of assets and liabilities filed after a receiver is appointed?
Section (B) requires a full, complete, itemized statement in affidavit form covering all the assets and all the liabilities of the person, organization, or partnership involved, along with the names and addresses of all known creditors. If the required person does not comply, the officer prepares the statement instead.
How much notice do creditors get to file claims in an Indiana receivership or liquidation?
At least six months from the date the officer was appointed. Section (C) requires the officer to publish notice of the appointment and mail it to every creditor listed on the statement of assets and liabilities, stating the appointment date and the filing deadline.
Does the claims process in an Indiana receivership follow the same procedure as claims against a decedent's estate?
Yes, as far as practicable. Section (D) directs that the filing, consideration, allowance, and trial of claims in these estates conform to the procedure used for claims in decedents' estates.
Does a creditor always have to file a formal claim to get paid in an Indiana receivership?
Not always. Section (E) requires the officer to pay certain claims without a filing if the claim is liquidated or capable of mathematical calculation, arose in a way that could have been filed after the appointment, and shows up as unpaid on the debtor's own regularly maintained books or records.
What happens if a receiver pays a claim under Section (E) that turns out to be excessive or not owed?
The officer, or a successor officer, can recover the payment to the extent it was excessive, not owing, or not payable.
Who can be appointed as an officer under Trial Rule 66?
The rule covers a receiver, an assignee for the benefit of creditors, or a statutory or other liquidator appointed to take over a person's, organization's, or partnership's business or assets.
Source & verification. The rule text is reproduced verbatim from the
official Indiana Rules of Trial Procedure (T.R. 66). Prescribed by the Supreme Court of Indiana, under its inherent constitutional rulemaking power (reaffirmed by Ind. Code 34-8-1-1 and 34-8-2-1); originally enacted by the Indiana General Assembly in 1969. The plain-English summary is original and written by us. Last verified July 13, 2026. ·
Official source
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