Title 3, Remedies and Special Actions and Proceedings

ORS 37.020 to 37.410 may be cited as the Oregon Receivership Code. [2017 c.358 §1]

Receivership is the process by which a court appoints a person to take charge of property during the pendency of an action or upon a judgment or order entered therein and to manage or dispose of the property as the court may direct. [2017 c.358 §2]

As used in the Oregon Receivership Code: (1) “Affiliate” means: (a) With respect to an individual: (A) A companion of the individual; (B) A lineal ancestor or descendant, whether by blood or adoption, of the individual or a companion of the individual; (C) A companion of an ances…

(1) Except as otherwise provided by law, the Oregon Receivership Code applies to all receiverships initiated in a court of this state, except for: (a) Actions in which a state agency or officer is expressly authorized by statute to seek or obtain the appointment of a receiver; an…

(1) A court may not appoint a receiver with respect to the following: (a) Personal property of an individual that is used primarily for personal, family or household purposes. (b) Property of an individual exempt from execution under the laws of this state. (c) Any power or inter…

(1) A court may appoint a receiver in the following cases, upon motion by any person or upon its own motion: (a) Before judgment, if the property that is the subject of the action, or rents or profits deriving from the property, are in danger of being lost or materially injured o…

(1) Any person, whether or not a resident of this state, may serve as a receiver, except for: (a) An entity that is not authorized to conduct business in this state; (b) A person who has been convicted of a crime involving moral turpitude, or is controlled by a person who has bee…

A court may not appoint a person as a receiver unless the person first: (1) Discloses whether the person: (a) Is an affiliate of a party to the receivership; (b) Has an interest materially adverse to an interest of a party to the receivership; (c) Has a material financial interes…

(1) Except as otherwise provided by law, a court may, at any time before or during the service of a receiver, require a receiver or person nominated as a receiver to post a bond that: (a) Is conditioned on the faithful discharge of the receiver’s duties; (b) Is in an amount that …

(1) The court appointing a receiver has: (a) Exclusive authority over the receiver; (b) Exclusive jurisdiction over and right to control all real property and all tangible and intangible personal property constituting the estate, wherever located, to the full extent of the court’…

(1) The court appointing a receiver may confer upon the receiver the power to perform any of the following actions, in any combination: (a) Collect, control, manage, conserve and protect estate property; (b) Operate a business constituting estate property, including preservation,…

(1) A receiver shall notify all federal and state taxing and applicable regulatory agencies of the receiver’s appointment in accordance with any applicable laws imposing this duty, including 26 U.S.C. 6036. (2) A receiver shall comply with applicable law. (3) If appointed with re…

(1) Upon demand by a receiver, a person shall turn over to the receiver any estate property within the possession, custody or control of the person. (2) If a bona fide dispute exists over whether property is estate property, the court in which the receivership is pending shall re…

(1) Upon demand by a receiver, a person that owes a debt that is estate property and is matured or payable on demand shall pay the debt to the receiver, except to the extent that the debt is subject to setoff or recoupment. (2) A person who has notice of the appointment of a rece…

(1) An owner shall: (a) Assist and cooperate fully with the receiver in the administration of the estate and the discharge of the receiver’s duties, and comply with all orders of the court; (b) Supply to the receiver information necessary to enable the receiver to complete any sc…

(1) A receiver shall maintain a master mailing list of the names and addresses of all parties to the receivership, all known creditors of the owner and interested persons who have filed notices of appearance in the receivership. The receiver shall make a copy of the current maste…

(1)(a) Whenever a person is required to give notice under a provision of the Oregon Receivership Code, the person must: (A) Serve notice on all persons specified by the provision; (B) Serve notice on all persons on the special notice list; (C) File notice with the court; and (D) …

(1) A receiver may not take any of the following actions unless the receiver, after giving notice, obtains a court order specifically authorizing the action, except as provided in subsection (2) of this section: (a) Sale or other disposition of real property; (b) Use or transfer …

(1) Within 60 days after appointment, or within such other time as the court may specify, a receiver shall file with the court a schedule of all known creditors of the owner, their last known mailing addresses, the amount and nature of their claims and whether their claims are di…

(1) A receiver shall file with the court a monthly report of the receiver’s operations and financial affairs, unless the court orders a different reporting period. The receiver shall file each report no later than 30 days after the end of a reporting period. The initial report un…

A receiver may, after providing notice to all known creditors of the owner, set a deadline for the submission of claims by creditors. The receiver, upon court order, may disallow any claims submitted after the deadline. [2017 c.358 §21]

(1) Except as otherwise ordered by the court, the entry of an order appointing a receiver operates as a stay, applicable to all persons, of: (a) The commencement or continuation, including the issuance or employment of process, of a judicial, administrative or other action or pro…

(1) A utility providing service to estate property may not alter, refuse or discontinue service to the property without first giving the receiver 14 days’ notice of any default or intention to alter, refuse or discontinue service to estate property. (2) Nothing in this section pr…

(1) A receiver may, upon order of the court, assume any executory contract of the owner. A receiver may, after giving notice, reject any executory contract of the owner. The court may condition assumption or rejection of any executory contract on terms and conditions that the cou…

(1) Upon court order, a receiver may use estate property outside the ordinary course of business. (2) Upon court order, a receiver may transfer estate property other than in the ordinary course of business by sale, lease, license, exchange or other disposition. Unless the transfe…

(1) If a receiver is authorized to operate the business of a person or manage a person’s property, the receiver may obtain credit and incur debt in the ordinary course of business. Expenses related to such credit and debt are allowable under ORS 37.370 as an administrative expens…

A receiver may recover from property securing a secured claim the necessary costs and expenses of preserving, or disposing of, the property to the extent of any benefit to the holder of such claim, including the payment of all ad valorem property taxes with respect to the propert…

(1) A receiver, after giving notice, may abandon estate property that is burdensome to the receiver or is of inconsequential value or benefit. Property that is abandoned no longer constitutes estate property. (2) A receiver may not abandon property in contravention of a state sta…

(1) A person may not sue a receiver personally for an act or omission in administering estate property unless permitted by the court that appointed the receiver. (2) A person may not initiate or continue an action seeking to dispossess the receiver of any estate property or to ot…

(1) A receiver may be personally liable to the owner, or a record or beneficial owner of estate property, for loss or diminution in value of or damage to estate property only if the loss, diminution or damage is caused by: (a) Failure of the receiver to comply with an order of th…

(1) After giving notice, a receiver may employ attorneys, accountants, appraisers, brokers, real estate licensees, auctioneers or other professionals to represent or assist the receiver in carrying out the receiver’s duties. (2) The notice given by the receiver before employing a…

(1) Any interested person may appear in a receivership, either in person or by an attorney. Before appearing in the receivership, an interested person who is not party to the receivership must file with the court a written notice of appearance, including the name and mailing addr…

(1) A receiver shall, within 30 days after the receiver’s appointment, provide notice of the receivership to all known creditors of the owner and any other known interested persons that includes: (a) The date of appointment of the receiver; (b) The name of the court and the case …

(1) If a receiver determines that the estate is sufficient to provide distributions to creditors, the receiver shall, upon notice, establish a claims process by sending a written document describing a claims process, including relevant dates and deadlines, to all known creditors …

(1) Claims may not be submitted until a claims process is established under ORS 37.340. (2) All claims that arose before the receiver’s appointment, whether contingent, liquidated, unliquidated or disputed, other than claims of creditors with security interests in or other liens …

(1)(a) At any time before the entry of an order approving the receiver’s final report, a receiver may, upon court order and after at least 21 days’ notice, disallow a claim. The notice must set forth the grounds for the disallowance. (b) At any time before the entry of an order a…

(1) Allowed claims in a receivership receive distribution under the Oregon Receivership Code in the order of priority set forth in this subsection. (a) The first priority is unpaid costs and expenses allowable under ORS 37.270. (b) The second priority is claims of creditors with …

Property acquired by the estate or by the owner after the date of appointment of the receiver is subject to an allowed secured claim to the same extent as would be the case in the absence of a receivership. [2017 c.358 §38]

(1) A receiver appointed in any action pending in the courts of this state may, upon court order, apply to any court outside of this state for appointment as receiver with respect to any estate property that is located in any other jurisdiction, if the appointment is necessary to…

(1) On motion of the owner, the receiver or any creditor, or on the court’s own motion, the court shall remove a receiver if the receiver resigns or refuses or fails to serve for any reason, or for other good cause. (2) Upon removal of the receiver, the court shall appoint a succ…

(1) Upon distribution or disposition of all property of the estate or the completion of the receiver’s duties with respect to estate property, or for other good cause, the receiver shall move the court for an order discharging the receiver. (2) The receiver shall attach to the mo…