ORS 37.300
Personal liability of receiver

(1)

A receiver may be personally liable to the owner, or a record or beneficial owner of estate property, for loss or diminution in value of or damage to estate property only if the loss, diminution or damage is caused by:

(a)

Failure of the receiver to comply with an order of the court; or

(b)

An act or omission for which liability could not be limited under ORS 60.047 (Articles of incorporation) if the receiver were an Oregon corporation.

(2)

A receiver may be personally liable to a person other than the owner, or the record or beneficial owner of estate property, for any loss, diminution or damage caused by the receiver’s performance of the receiver’s duties, or the receiver’s authorized operation of a business, only if the loss, diminution or damage is caused by:

(a)

Fraud by the receiver;

(b)

An act intended by the receiver to cause loss, diminution or damage to the specific claimant; or

(c)

An act or omission for which an officer or director of an Oregon corporation would be liable to the claimant under the same circumstances.

(3)

Notwithstanding subsections (1) and (2) of this section, a receiver has no personal liability to any person for acts or omissions of the receiver permitted by any order of the court.

(4)

A receiver is entitled to all defenses and immunities provided by law for an act or omission within the scope of the receiver’s appointment.

(5)

Nothing in this section may be construed to expand any obligation or liability of a receiver under state law, common law or federal law for remediation of environmental damages or hazards. [2017 c.358 §30]

Source: Section 37.300 — Personal liability 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

§ 37.300’s source at oregon​.gov