Title 29, Remedies and Special Proceedings

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.

(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 the property's revenue-producing potential:(A) Is being subjected to or is i…

(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), a person is disqualified from appointment as receiver if the per…

(a) Except as otherwise provided in subsection (b), 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 (1) or more sureties approved by the court;(3) Is in an amount the court specifies; and(4) Is eff…

(1) On appointment of a receiver, the receiver has the status of a lien creditor under:(1) The Uniform Commercial Code — Secured Transactions, compiled in title 47, chapter 9, as to receivership property that is personal property or fixtures; and(2) Title 66, as to receivership p…

Except as otherwise provided by the law of this state, other than this chapter, 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…

(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 …

(a) Except as limited by court order or the law of this state, other than this chapter, a receiver may:(1) Collect, control, manage, conserve, and protect receivership property;(2) Operate a business constituting receivership property, including preservation, use, sale, lease, li…

(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 …

(a) Except as otherwise provided in subsection (d) 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 receivershi…

(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 qualificat…

(a) As used in this section, “good faith” means honesty in fact and the observance of reasonable commercial standards of fair dealing. (b) With court approval, a receiver may use receivership property other than in the ordinary course of business. (c) (1) With court approval, a r…

(a) As used in this section, “timeshare interest” means an interest having a duration of more than three (3) years that 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 …

(a) A receiver is entitled to all defenses and immunities provided by the law of this state, 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 …

(1) 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 t…

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

(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 (1) or more of the following to pay the reasonable and nece…

(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 ove…

(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 prope…

(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 pe…

(a) 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 mort…

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

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

This chapter does not apply to a receivership for which the receiver was appointed before July 1, 2018.