Supreme Court of Missouri
Patriots Bank v. Black River Motel, LLC
June 13, 2023
Summary
The Court affirmed the order denying the appellants’ motion to vacate the appointment of a receiver. It held that the receivership statute required notice of the application, not notice of a hearing, and that the statutory procedure afforded due process despite the absence of a pre-deprivation hearing because the bank had preexisting security interests, the appointment was supported by sworn evidence, and post-appointment safeguards were available. The Court also upheld the circuit court’s exercise of discretion and rejected challenges to the receiver order’s statutory authority. No separate opinions were filed.