ORS 37.290
Actions by or against receiver or affecting estate property


(1)

A person may not sue a receiver personally for an act or omission in administering estate property unless permitted by the court that appointed the receiver.

(2)

A person may not initiate or continue an action seeking to dispossess the receiver of any estate property or to otherwise interfere with the receiver’s management or control of any estate property unless permitted by the court that appointed the receiver.

(3)

Actions by or against a receiver are adjunct to the receivership. All pleadings in adjunct actions must include the case number of the receivership. All adjunct actions shall be referred to the judge assigned to the receivership action, unless:

(a)

The court does not have jurisdiction over the adjunct action; or

(b)

The assignment would not promote judicial efficiency.

(4)

If an action is filed against a receiver in a court in this state other than the court in which the receivership is pending, the court in which the action is filed shall transfer the action to the court in which the receivership is pending upon the receiver’s motion if the receiver files the motion within 30 days after service of original process upon the receiver. However, if a state agency is a party to the action, the action may not be transferred under this subsection unless the agency consents to the transfer.

(5)

The receiver may be joined or substituted as a party in any action that was pending at the time of the receiver’s appointment and in which the owner is a party, upon motion by the receiver to the court or agency in which the action is pending.

(6)

In case of the death, removal or resignation of the receiver, an action by or against a receiver continues by or against the successor receiver or, if a successor receiver is not appointed, by or against the owner.

(7)

Whenever the assets of any domestic or foreign entity that has been doing business in this state have been placed in the hands of a receiver, service of all process upon the entity may be made upon the receiver.

(8)

A judgment against a receiver is not a lien on the property or funds of the receivership, and no execution may issue thereon. Upon entry of the judgment in the court in which the receivership is pending, or upon filing in the receivership of a certified copy of a judgment from another jurisdiction, the judgment is treated as an allowed claim in the receivership.

(9)

No person other than a successor receiver duly appointed by the court has a right of action against a former receiver to recover property or the value thereof for or on behalf of the estate. [2017 c.358 §29]

Source: Section 37.290 — Actions by or against receiver or affecting estate property, 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
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