ORS 37.110
Powers of receiver

(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, use, sale, lease, license, exchange, collection or disposition of property in the ordinary course of business;

(c)

In the ordinary course of business, incur unsecured debt and pay expenses incidental to the receiver’s preservation, use, sale, lease, license, exchange, collection or disposition of estate property;

(d)

Assert a right, claim, cause of action or defense of the owner that relates to estate property;

(e)

Assert in the name of the receiver any claim under ORS 95.200 (Definitions for ORS 95.200 to 95.310) to 95.310 (Short title) assertible by any creditor of the owner;

(f)

Seek and obtain instruction from the court concerning estate property, exercise of the receiver’s powers and performance of the receiver’s duties;

(g)

On subpoena, compel a person to submit to examination under oath in the manner of a deposition in a civil case, or to produce and permit inspection and copying of designated records or tangible things, with respect to estate property or any other matter that may affect administration of the receivership;

(h)

Engage and pay compensation to one or more professionals under ORS 37.310 (Employment and compensation of professionals);

(i)

Apply to a court of another state for appointment as ancillary receiver with respect to estate property in that state under ORS 37.390 (Ancillary receiverships);

(j)

Incur debt for the use or benefit of estate property other than in the ordinary course of business under ORS 37.260 (Receivership financing);

(k)

Make improvements to estate property;

(L)

Use or transfer estate property other than in the ordinary course of business under ORS 37.250 (Use or transfer of estate property outside ordinary course of business);

(m)

Assume an executory contract of the owner under ORS 37.240 (Executory contracts);

(n)

Pay compensation to the receiver;

(o)

Determine whether or not to establish a claims procedure under ORS 37.340 (Claims process);

(p)

Allow or disallow a claim of a creditor under ORS 37.360 (Objection to and allowance of claims);

(q)

Make a distribution of estate property under ORS 37.370 (Priorities);

(r)

Take any other action authorized under the Oregon Receivership Code; and

(s)

Take any other actions that the court deems reasonably necessary to avoid injustice.

(2)

The court may limit, expand or modify the powers conferred by the court on the receiver at any time.

(3)

A receiver has powers conferred by the court under this section in addition to the powers conferred on the receiver by statute. [2017 c.358 §11]

Source: Section 37.110 — Powers of receiver, 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

§ 37.110’s source at oregon​.gov