ORS 37.320
Participation of creditors and other interested persons in receivership

  • effect of receivership on nonparties

(1)

Any interested person may appear in a receivership, either in person or by an attorney. Before appearing in the receivership, an interested person who is not party to the receivership must file with the court a written notice of appearance, including the name and mailing address of the interested person, and the name and address of the person’s attorney, if any, and serve a copy of the notice upon the receiver. A creditor or other interested person may be heard with respect to all matters affecting the person, whether or not the person is joined as a party to the receivership.

(2)

Persons who receive notice of the pendency of a receivership, whether actual or constructive, and creditors or other persons submitting written claims in the receivership or otherwise appearing and participating in the receivership, are bound by the acts of the receiver with respect to management and disposition of estate property, regardless of whether they are formally joined as parties to the receivership.

(3)

Any person having a claim against or interest in estate property and having actual or constructive knowledge of the receivership is bound by acts of the receiver or orders of the court with respect to the treatment of claims and disposition of estate property, including sales of property free and clear of liens, regardless of whether the person receives written notice from the receiver and regardless of whether the person appears in the receivership.

(4)

A person duly notified by the receiver of a proposed act by the receiver is bound with respect to the act, regardless of whether the person objected to the act or is joined formally as a party in the receivership.

(5)

As used in this section, “bound” means barred from bringing a motion or proceeding to contest an act or order, either within or outside of the receivership. [2017 c.358 §32]

Source: Section 37.320 — Participation of creditors and other interested persons in receivership; effect of receivership on nonparties, 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

§ 37.320’s source at oregon​.gov