ORS 37.040
Applicability

(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; and

(b)

Actions authorized by or commenced under federal law.

(2)

In cases in which a state agency or officer is expressly authorized by statute to seek or obtain the appointment of a receiver, the state agency or officer may elect, when seeking appointment, for the receivership to be governed by the provisions of the Oregon Receivership Code.

(3)

Except as otherwise provided by law, the provisions of the Oregon Receivership Code control over conflicting provisions of state law, including ORCP 80, with respect to receiverships governed by the Oregon Receivership Code. [2017 c.358 §4]
Note: Section 42, chapter 358, Oregon Laws 2017, provides:
Sec. 42. Sections 2 to 41 of this 2017 Act [37.020 (Receivership described) to 37.410 (Termination of receivership)] apply to receiverships in which the receiver is appointed on or after the effective date of this 2017 Act [January 1, 2018]. [2017 c.358 §42]

Source: Section 37.040 — Applicability, https://www.­oregonlegislature.­gov/bills_laws/ors/ors037.­html.

37.010
Short title 37.020
Receivership described 37.030
Definitions 37.040
Applicability 37.050
Property not subject to receivership 37.060
Appointment of receiver 37.070
Eligibility to serve as receiver 37.080
Required disclosures relating to conflicts of interest 37.090
Receiver’s bond, alternative security or insurance 37.100
Exclusive jurisdiction of appointing court 37.110
Powers of receiver 37.120
Duties of receiver 37.130
Turnover of property 37.140
Collection by receiver of debts owed to owner 37.150
Duties of owner 37.160
Mailing and special notice lists to be maintained by receiver 37.170
Notices 37.180
When court order required 37.190
Creditor list and inventory 37.200
Receiver’s periodic reports 37.210
Claims bar date 37.220
Automatic stay of certain proceedings 37.230
Utility service 37.240
Executory contracts 37.250
Use or transfer of estate property outside ordinary course of business 37.260
Receivership financing 37.270
Recovery of costs related to secured property 37.280
Abandonment of property 37.290
Actions by or against receiver or affecting estate property 37.300
Personal liability of receiver 37.310
Employment and compensation of professionals 37.320
Participation of creditors and other interested persons in receivership 37.330
Initial notice to creditors and other interested persons 37.340
Claims process 37.350
Submission of claims by creditors 37.360
Objection to and allowance of claims 37.370
Priorities 37.380
Secured claims against after-acquired property 37.390
Ancillary receiverships 37.400
Removal of receiver 37.410
Termination of receivership
Green check means up to date. Up to date

Current through early 2024

§ 37.040’s source at oregon​.gov