Title 7 — Title 7 SPECIAL PROCEEDINGS AND ACTIONS
43 chapters · 769 sections in this title.
RCW 7.60.005 Definitions.
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The definitions in this section apply throughout this chapter unless the context requires otherwise.(1) "Court" means the superior court of this state in which the receivership is pending.(2) "Entity" means a person other than a natural person.(3) "Estate" means the entirety of t…
RCW 7.60.015 Types of receivers.
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A receiver must be either a general receiver or a custodial receiver. A receiver must be a general receiver if the receiver is appointed to take possession and control of all or substantially all of a person's property with authority to liquidate that property and, in the case of…
RCW 7.60.025 Appointment of receiver.
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(1) A receiver may be appointed by the superior court of this state in the following instances, but except in any case in which a receiver's appointment is expressly required by statute, or any case in which a receiver's appointment is sought by a state agent whose authority to s…
RCW 7.60.035 Eligibility to serve as receiver.
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Except as provided in this chapter or otherwise by statute, any person, whether or not a resident of this state, may serve as a receiver, with the exception that a person may not be appointed as a receiver, and shall be replaced as receiver if already appointed, if it should appe…
RCW 7.60.045 Receiver's bond.
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Except as otherwise provided for by statute or court rule, before entering upon duties of receiver, a receiver shall execute a bond with one or more sureties approved by the court, in the amount the court specifies, conditioned that the receiver will faithfully discharge the duti…
RCW 7.60.055 Powers of the court.
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(1) Except as otherwise provided for by this chapter, the court in all cases has exclusive authority over the receiver, and the exclusive possession and right of control with respect to all real property and all tangible and intangible personal property with respect to which the …
RCW 7.60.060 Powers and duties of receiver generally.
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(1) A receiver has the following powers and authority in addition to those specifically conferred by this chapter or otherwise by statute, court rule, or court order:(a) The power to incur or pay expenses incidental to the receiver's preservation and use of the property with resp…
RCW 7.60.070 Turnover of property.
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Upon demand by a receiver appointed under this chapter, any person shall turn over any property over which the receiver has been appointed that is within the possession or control of that person unless otherwise ordered by the court for good cause shown. A receiver by motion may …
RCW 7.60.080 Duties of person over whose property the receiver is appointed.
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The person over whose property the receiver is appointed shall:(1) 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;(2) Supply to the receiver information necessary…
RCW 7.60.090 Schedules of property and liabilities—Inventory of property—Appraisals.
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(1) In the event of a general assignment of property for the benefit of creditors under chapter 7.08 RCW, the assignment shall have annexed as schedule A a true list of all of the person's known creditors, their mailing addresses, the amount and nature of their claims, and whethe…
RCW 7.60.100 Receiver's reports.
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A general receiver shall file with the court a monthly report of the receiver's operations and financial affairs unless otherwise ordered by the court. Except as otherwise ordered by the court, each report of a general receiver shall be due by the last day of the subsequent month…
RCW 7.60.110 Automatic stay of certain proceedings.
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(1) Except as otherwise ordered by the court, the entry of an order appointing a general receiver or a custodial receiver with respect to all of a person's property shall operate as a stay, applicable to all persons, of:(a) The commencement or continuation, including the issuance…
RCW 7.60.120 Utility service.
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A utility providing service to estate property may not alter, refuse, or discontinue service to the property without first giving the receiver fifteen days' notice of any default or intention to alter, refuse, or discontinue service to estate property. This section does not prohi…
RCW 7.60.130 Executory contracts and unexpired leases.
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(1) A general receiver may assume or reject any executory contract or unexpired lease of the person over whose property the receiver is appointed upon order of the court following notice to the other party to the contract or lease upon notice and a hearing. The court may conditio…
RCW 7.60.140 Receivership financing.
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(1) If a receiver is authorized to operate the business of a person or manage a person's property, the receiver may obtain unsecured credit and incur unsecured debt in the ordinary course of business allowable under RCW 7.60.230(1)(a) as an administrative expense of the receiver …
RCW 7.60.150 Abandonment of property.
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The receiver, or any party in interest, upon order of the court following notice and a hearing, and upon the conditions or terms the court considers just and proper, may abandon any estate property that is burdensome to the receiver or is of inconsequential value or benefit. Howe…
RCW 7.60.160 Actions by and against the receiver or affecting property held by receiver.
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(1) The receiver has the right to sue and be sued in the receiver's capacity as such, without leave of court, in all cases necessary or proper for the conduct of the receivership. However, action seeking to dispossess the receiver of any estate property or otherwise to interfere …
RCW 7.60.170 Personal liability of receiver.
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(1)(a) The receiver is personally liable to the person over whose property the receiver is appointed or its record or beneficial owners, or to the estate, for loss or diminution in value of or damage to estate property, only if (i) the loss or damage is caused by a failure on the…
RCW 7.60.180 Employment and compensation of professionals.
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(1) The receiver, with the court's approval, may employ one or more attorneys, accountants, appraisers, auctioneers, or other professional persons that do not hold or represent an interest adverse to the estate to represent or assist the receiver in carrying out the receiver's du…
RCW 7.60.190 Participation of creditors and parties in interest in receivership proceeding—Effect of court orders on nonparties.
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(1) Creditors and parties in interest to whom written notice of the pendency of the receivership is given in accordance with RCW 7.60.210, and creditors or other persons submitting written claims in the receivership or otherwise appearing and participating in the receivership, ar…
RCW 7.60.200 Notice to creditors and other parties in interest.
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(1) A general receiver shall give notice of the receivership by publication in a newspaper of general circulation published in the county or counties in which estate property is known to be located once a week for three consecutive weeks, the first notice to be published within t…
RCW 7.60.210 Submission of claims in general receiverships.
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(1) All claims, whether contingent, liquidated, unliquidated, or disputed, other than claims of creditors with security interests in or other liens against property of the estate, arising prior to the receiver's appointment, must be served in accordance with this chapter, and any…
RCW 7.60.220 Objection to and allowance of claims.
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(1) At any time prior to the entry of an order approving the general receiver's final report, the general receiver or any party in interest may file with the court an objection to a claim, which objection must be in writing and must set forth the grounds for the objection. A copy…
RCW 7.60.230 Priorities.
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(1) Allowed claims in a general receivership shall receive distribution under this chapter in the order of priority under (a) through (h) of this subsection and, with the exception of (a) and (c) of this subsection, on a pro rata basis.(a) Creditors with liens on property of the …
RCW 7.60.240 Secured claims against after-acquired property.
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Except as otherwise provided for by statute, property acquired by the estate or by the person over whose property the receiver is appointed 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 …
RCW 7.60.250 Interest on claims.
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To the extent that funds are available in the estate for distribution to creditors in a general receivership, the holder of an allowed noncontingent, liquidated claim is entitled to receive interest at the legal rate or other applicable rate from the date of appointment of the re…
RCW 7.60.260 Receiver's disposition of property—Sales free and clear.
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(1) The receiver, with the court's approval after notice and a hearing, may use, sell, or lease estate property other than in the ordinary course of business. Except in the case of a leasehold estate with a remaining term of less than two years or a vendor's interest in a real es…
RCW 7.60.270 Ancillary receiverships.
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(1) A receiver appointed in any action pending in the courts of this state, without first seeking approval of the court, may apply to any court outside of this state for appointment as receiver with respect to any property or business of the person over whose property the receive…
RCW 7.60.280 Resignation or removal of receiver.
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(1) The court shall remove or replace the receiver on application of the person over whose property the receiver is appointed, the receiver, or any creditor, or on the court's own motion, if the receiver fails to execute and file the bond required by RCW 7.60.045, or if the recei…
RCW 7.60.290 Termination of receivership.
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(1) Upon distribution or disposition of all property of the estate, or the completion of the receiver's duties with respect to estate property, the receiver shall move the court to be discharged upon notice and a hearing.(2) The receiver's final report and accounting setting fort…
RCW 7.60.300 Applicability.
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This chapter applies to receivers and receiverships otherwise provided for by the laws of this state except as otherwise expressly provided for by statute or as necessary to give effect to the laws of this state. This chapter does not apply to any proceeding authorized by or comm…