Title 33, Property

A. The court may appoint a receiver: 1. Before judgment, to protect a party that demonstrates an apparent right, title or interest in real property that is the subject of the action, if the property or its revenue-producing potential: (a) Is being subjected to or is in danger of …

A. The court may not appoint a person as receiver unless the person submits to the court a statement under penalty of perjury that the person is not disqualified. B. Except as otherwise provided in subsection C of this section, a person is disqualified from appointment as receive…

A. Except as otherwise provided in subsection B of this section, a receiver shall post with the court a bond that: 1. Is conditioned on the faithful discharge of the receiver’s duties. 2. Has one or more sureties approved by the court. 3. Is in an amount the court specifies. 4. I…

On appointment of a receiver, the receiver has the status of a lien creditor under the Uniform Commercial Code, title 47, chapter 9, as to receivership property that is personal property or fixtures and chapter 7, article 5 of this title as to receivership property that is real p…

Except as otherwise provided by law, property that a receiver or owner acquires after appointment of the receiver is subject to a security agreement entered into before the appointment to the same extent as if the court had not appointed the receiver.

A. Unless the court orders otherwise, on demand by a receiver: 1. A person that owes a debt that is receivership property and is matured or payable on demand or on order shall pay the debt to or on the order of the receiver, except to the extent the debt is subject to setoff or r…

A. Except as limited by court order or another law, a receiver may: 1. Collect, control, manage, conserve and protect receivership property. 2. Operate a business constituting receivership property, including preservation, use, sale, lease, license, exchange, collection or dispos…

A. An owner shall: 1. Assist and cooperate with the receiver in the administration of the receivership and the discharge of the receiver's duties. 2. Preserve and turn over to the receiver all receivership property in the owner's possession, custody or control. 3. Identify all re…

A. Except as otherwise provided in subsection D of this section or ordered by the court, an order appointing a receiver operates as a stay, applicable to all persons, of an act, action or proceeding: 1. To obtain possession of, exercise control over or enforce a judgment against …

A. With court approval, a receiver may engage an attorney, accountant, appraiser, auctioneer, broker or other professional to assist the receiver in performing a duty or exercising a power of the receiver. The receiver shall disclose to the court: 1. The identity and qualificatio…

A. With court approval, a receiver may use receivership property other than in the ordinary course of business. B. With court approval, a receiver may transfer receivership property other than in the ordinary course of business by sale, lease, license, exchange or other dispositi…

A. Except as otherwise provided in subsection G of this section, with court approval, a receiver may adopt or reject an executory contract of the owner relating to receivership property. The court may condition the receiver's adoption and continued performance of the contract on …

A. A receiver is entitled to all defenses and immunities provided by a law other than this chapter for an act or omission within the scope of the receiver's appointment. B. A receiver may be sued personally for an act or omission in administering receivership property only with a…

A receiver may file or, if ordered by the court, shall file an interim report that includes: 1. The activities of the receiver since appointment or a previous report. 2. Receipts and disbursements, including a payment made or proposed to be made to a professional engaged by the r…

A. The court may award a receiver from receivership property the reasonable and necessary fees and expenses of performing the duties of the receiver and exercising the powers of the receiver. B. The court may order one or more of the following to pay the reasonable and necessary …

A. The court may remove a receiver for cause. B. The court shall replace a receiver that dies, resigns or is removed. C. If the court finds that a receiver that resigns or is removed, or the representative of a receiver that is deceased, has accounted fully for and turned over to…

A. On completion of a receiver's duties, the receiver shall file a final report including: 1. A description of the activities of the receiver in the conduct of the receivership. 2. A list of receivership property at the commencement of the receivership and any receivership proper…

A. The court may appoint a receiver appointed in another state, or that person's nominee, as an ancillary receiver with respect to property located in this state or subject to the jurisdiction of the court for which a receiver could be appointed under this chapter, if: 1. The per…

A request by a mortgagee for appointment of a receiver, the appointment of a receiver or application by a mortgagee of receivership property or proceeds to the secured obligation does not: 1. Make the mortgagee a mortgagee in possession of the real property. 2. Make the mortgagee…

The court may issue any order, process or judgment that is necessary or appropriate to carry out this chapter.

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

This chapter modifies, limits or supersedes the electronic signatures in global and national commerce act, 15 United States Code sections 7001 through 7031, but does not modify, limit or supersede section 101(c) of that act, 15 United States Code section 7001(c) or authorize elec…