Title 78B, Title 78B: Judicial Code

78B-21-105. Power of court. 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.

78B-21-106. Appointment of receiver. (1) The court may appoint a receiver: 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…

78B-21-107. Disqualification from appointment as receiver -- Disclosure of interest. (1) 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. (2) Except as otherwise provide…

78B-21-108. Receiver's bond -- Alternative security. (1) Except as otherwise provided in Subsection, a receiver shall post with the court a bond that: (2) is conditioned on the faithful discharge of the receiver's duties; has one or more sureties approved by the court; is in an a…

78B-21-109. Status of receiver as lien creditor. On appointment of a receiver, the receiver has the status of a lien creditor under: (1) , as to receivership property that is personal property or fixtures; and Title 70A, Chapter 9a, Uniform Commercial Code - Secured Transactions …

78B-21-110. Security agreement covering after-acquired property. Except as otherwise provided by 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 appo…

78B-21-111. Collection and turnover of receivership property. (1) Unless the court orders otherwise, on demand by a receiver: 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 recei…

78B-21-112. Powers and duties of receiver. (1) Except as limited by court order or law of this state other than this chapter, a receiver may: collect, control, manage, conserve, and protect receivership property; operate a business constituting receivership property, including pr…

78B-21-113. Duties of owner. (1) An owner shall: assist and cooperate with the receiver in the administration of the receivership and the discharge of the receiver's duties; preserve and turn over to the receiver all receivership property in the owner's possession, custody, or co…

78B-21-114. Stay -- Injunction. (1) Except as otherwise provided in Subsectionor ordered by the court, an order appointing a receiver operates as a stay, applicable to all persons, of an act, action, or proceeding: (4) to obtain possession of, exercise control over, or enforce a …

78B-21-115. Engagement and compensation of professional. (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 sh…

78B-21-116. Use or transfer of receivership property not in ordinary course of business. (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…

78B-21-117. Executory contract. (1) As used in this section, "timeshare interest" means the same as that term is defined in Section. 57-19-2 (2) Except as otherwise provided in Subsection, with court approval, a receiver may adopt or reject an executory contract of the owner rela…

78B-21-118. Defenses and immunities of receiver. (1) A receiver is entitled to all defenses and immunities provided by law of this state other than this chapter for an act or omission within the scope of the receiver's appointment. (2) A receiver may be sued personally for an act…

78B-21-119. Interim report of receiver. 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 …

78B-21-120. Notice of appointment -- Claim against receivership -- Distribution to creditors. (1) Except as otherwise provided in Subsection, a receiver shall give notice of appointment of the receiver to creditors of the owner by: (6) deposit for delivery through first-class mai…

78B-21-121. Fees and expenses. (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 …

78B-21-122. Removal of receiver -- Replacement -- Termination of receivership. (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 repres…

78B-21-123. Final report of receiver -- Discharge. (1) On completion of a receiver's duties, the receiver shall file a final report including: a description of the activities of the receiver in the conduct of the receivership; a list of receivership property at the commencement o…

78B-21-124. Receivership in another state -- Ancillary proceeding. (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 wh…

78B-21-125. Effect of enforcement by mortgagee. (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: make the mortgagee a mortgagee in poss…

78B-21-126. Uniformity of application and construction. In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to the law's subject matter among states that enact it.

78B-21-127. Relation to Electronic Signatures in Global and National Commerce Act. This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Sec. 7001 et seq., but does not modify, limit, or supersede Section 101(c) of t…

78B-21-128. Transition. This chapter does not apply to a receivership for which the receiver was appointed before May 9, 2017.

78B-21-129. Finality of orders. A court order that is entered pursuant to this chapter and that resolves a discrete factual dispute or legal issue is a final appealable order within the meaning of Utah Rules of Civil Procedure, Rule 54(a), unless expressly stated otherwise in the…