|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Ch. 150
|
|
|
|
|
2002 LAWS OF MARYLAND
|
|
|
|
|
|
|
|
|
|
|
(IV) REQUIRE THE REHABILITATOR TO MAKE ACCOUNTINGS TO
THE COURT THAT:
1. ARE AT INTERVALS AS THE COURT SPECIFIES IN ITS
ORDER, BUT NOT LESS FREQUENTLY THAN TWO TIMES EACH YEAR; AND
2. INCLUDE THE OPINION OF THE REHABILITATOR ABOUT
THE LIKELIHOOD OF SUCCESS OF THE REHABILITATION.
(2) ISSUANCE OF AN ORDER OF REHABILITATION:
(I) DOES NOT CONSTITUTE AN ANTICIPATORY BREACH OF ANY
CONTRACT OF THE CONTINUING CARE PROVIDER; AND
(II) IS NOT GROUNDS FOR RETROACTIVE REVOCATION OR
RETROACTIVE CANCELLATION OF A CONTRACT OF THE CONTINUING CARE
PROVIDER UNLESS THE REHABILITATOR REVOKES OR CANCELS THE CONTRACT.
(B) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION, THE SECRETARY,
OR AN INTERESTED PERSON ON DUE NOTICE TO THE SECRETARY, MAY APPLY TO THE
COURT AT ANY TIME FOR AN ORDER THAT:
(I) TERMINATES A REHABILITATION PROCEEDING; AND
(II) ALLOWS THE CONTINUING CARE PROVIDER TO RESUME
POSSESSION OF ITS PROPERTY AND THE CONDUCT OF ITS BUSINESS.
(2) AN ORDER UNDER THIS SUBSECTION MAY NOT BE ISSUED UNLESS,
AFTER A HEARING, THE COURT DETERMINES THAT THE PURPOSES OF THE
REHABILITATION PROCEEDING HAVE BEEN FULLY ACCOMPLISHED.
(C) (1) AN ORDER TO LIQUIDATE THE BUSINESS OF A CONTINUING CARE
PROVIDER SHALL DIRECT THE SECRETARY PROMPTLY TO:
(I) TAKE POSSESSION OF THE PROPERTY OF THE CONTINUING
CARE PROVIDER;
(II) LIQUIDATE THE BUSINESS OF THE CONTINUING CARE
PROVIDER;
(III) DEAL WITH THE PROPERTY AND BUSINESS OF THE
CONTINUING CARE PROVIDER IN THE NAME OF THE SECRETARY OR IN THE NAME OF
THE CONTINUING CARE PROVIDER, AS THE COURT DIRECTS; AND
(IV) NOTIFY EACH CREDITOR THAT MAY HAVE A CLAIM AGAINST
THE CONTINUING CARE PROVIDER TO PRESENT THE CREDITOR'S CLAIM.
(2) THE SECRETARY MAY APPLY FOR, AND THE COURT MAY ISSUE, AN
ORDER TO DISSOLVE THE CORPORATE EXISTENCE OF A CONTINUING CARE
PROVIDER:
(I) ON APPLICATION OF THE SECRETARY FOR AN ORDER TO
LIQUIDATE THE CONTINUING CARE PROVIDER; OR
|
|
|
|
|
|
|
|
- 1512 -
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|