ORS 37.170
Notices


(1)

Intentionally left blank —Ed.

(a)

Whenever a person is required to give notice under a provision of the Oregon Receivership Code, the person must:

(A)

Serve notice on all persons specified by the provision;

(B)

Serve notice on all persons on the special notice list;

(C)

File notice with the court; and

(D)

File proof of service with the court.

(b)

If the provision does not specify to whom notice must be given, the person must give notice to all known persons whose property interests will or may be directly affected by the proposed action, as well as comply with paragraph (a)(B) to (D) of this subsection.

(2)

Whenever a person is required to give notice under a provision of the Oregon Receivership Code, the person must give at least as much time notice as specified by the relevant provision, or 14 days if no time is specified.

(3)

Intentionally left blank —Ed.

(a)

Except as otherwise provided, notice to any person not on the special notice list must be served by first class mail or as otherwise directed by the court.

(b)

Notice to any person on the special notice list who has specified a preferred means of receiving notice must be served by those means, except as otherwise ordered by the court.

(4)

Intentionally left blank —Ed.

(a)

Except as provided in ORS 37.180 (When court order required), whenever a provision of the Oregon Receivership Code authorizes a person to take an action after giving notice, the person may take the action without specific authorization from the court if:

(A)

The person gives notice that describes the action that the person will take unless an objection is filed and describes a procedure for objecting to the proposed action; and

(B)

No objections are filed.

(b)

If an objection is filed, the court shall hear the objection and issue an order allowing, disallowing or allowing a modified form of the action.

(c)

The court may, on its own motion, require a hearing on any proposed action.

(d)

If a person is allowed under this subsection to take an action without specific authorization from the court, the person may nonetheless move the court for an order authorizing the action.

(5)

The court may extend or shorten any notice periods for good cause shown.

(6)

The court may order that notice of any proposed action be given to any person, regardless of whether such notice is otherwise required under the Oregon Receivership Code.

(7)

In all circumstances, the court may consider motions and grant or deny relief without notice or hearing, if it appears to the court that no party to the receivership or interested person would be prejudiced or harmed by the relief requested. [2017 c.358 §17]
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
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