Title 32, Judicial Remedies

As used in this chapter: 1. "Affiliate" means: a. With respect to an individual: (1) A companion of the individual; (2) A lineal ancestor or descendant, whether by blood or adoption, of: (a) The individual; or (b) A companion of the individual; (3) A companion of an ancestor or d…

1. Except as provided under subsection 2, the court may issue an order under this chapter only after notice and opportunity for a hearing appropriate in the circumstances. 2. The court may issue an order under this chapter: a. Without prior notice if the circumstances require iss…

1. Except as provided under subsection 2 or 3, this chapter applies to a receivership for an interest in real property and any personal property related to or used in operating the real property. 2. This chapter does not apply to a receivership for an interest in real property im…

The court that appoints a receiver under this chapter has exclusive jurisdiction to direct the receiver and determine any controversy related to the receivership or receivership property.

1. The court may appoint a receiver: a. 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: (1) Is being subjected to or is in danger of…

1. The court may not appoint a person as receiver unless the person submits a statement to the court under penalty of perjury that the person is not disqualified. 2. Except as provided under subsection 3, a person is disqualified from appointment as receiver if the person: a. Is …

1. Except as provided under subsection 2, a receiver shall post a bond with the court which: a. Is conditioned on the faithful discharge of the receiver's duties; b. Has one or more sureties approved by the court; c. Is in an amount the court specifies; and d. Is effective as of …

On appointment of a receiver, the receiver has the status of a lien creditor under: 1. Chapter 41-09 as to receivership property that is personal property or fixtures; and 2. Chapter 47-19 as to receivership property that is real property.

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 before the appointment to the same extent as if the court had not appointed the receiver.

1. Unless the court orders otherwise, on demand by a receiver: a. 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…

1. Except as limited by court order or any other provision of law, a receiver may: a. Collect, control, manage, conserve, and protect receivership property; b. Operate a business constituting receivership property, including preservation, use, sale, lease, license, exchange, coll…

1. An owner shall: a. Assist and cooperate with the receiver in the administration of the receivership and the discharge of the receiver's duties; b. Preserve and turn over to the receiver all receivership property in the owner's possession, custody, or control; c. Identify all r…

1. Except as otherwise provided in subsection 4 or ordered by the court, an order appointing a receiver operates as a stay, applicable to all persons, of an act, action, or proceeding: a. To obtain possession of, exercise control over, or enforce a judgment against receivership p…

1. 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: a. The identity and qualificati…

1. As used in this section, "good faith" means honesty in fact and the observance of reasonable commercial standards of fair dealing. 2. With court approval, a receiver may use receivership property other than in the ordinary course of business. 3. With court approval, a receiver…

1. As used in this section, "timeshare interest" means an interest having a duration of more than three years which grants its holder the right to use and occupy an accommodation, facility, or recreational site, whether improved or not, for a specific period less than a full year…

1. A receiver is entitled to all defenses and immunities provided by any other provision of law for an act or omission within the scope of the receiver's appointment. 2. A receiver may be sued personally for an act or omission in administering receivership property only with appr…

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…

1. Except as otherwise provided in subsection 6, a receiver shall give notice of appointment of the receiver to creditors of the owner by: a. Deposit for delivery through first-class mail or other commercially reasonable delivery method to the last-known address of each creditor;…

1. 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. 2. The court may order one or more of the following to pay the reasonable and necessary …

1. The court may remove a receiver for cause. 2. The court shall replace a receiver that dies, resigns, or is removed. 3. If the court finds that a receiver that resigns or is removed, or the representative of a receiver who is deceased, has accounted fully for and turned over to…

1. On completion of a receiver's duties, the receiver shall file a final report that includes: a. A description of the activities of the receiver in the conduct of the receivership; b. A list of receivership property at the commencement of the receivership and any receivership pr…

1. 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: a. The per…

1. 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: a. Make the mortgagee a mortgagee in possession of the real property; b. Make the mortg…

In applying and construing this chapter, a court shall consider the promotion of uniformity of the law among states that enact it.

This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act [15 U.S.C. Section 7001 et seq.], but does not modify, limit, or supersede section 101(c) of that act, [15 U.S.C. Section 7001(c)], or authorize electronic delivery of any o…