ORS 37.360
Objection to and allowance of claims

(1)

Intentionally left blank —Ed.

(a)

At any time before the entry of an order approving the receiver’s final report, a receiver may, upon court order and after at least 21 days’ notice, disallow a claim. The notice must set forth the grounds for the disallowance.

(b)

At any time before the entry of an order approving the receiver’s final report, any interested person may object to a claim. The objector must mail a copy of the objection, together with a notice of hearing, to the receiver and claimant at least 21 days before the hearing. The court shall hear the objection and enter an order allowing or disallowing the claim.

(2)

Upon request of a creditor, the receiver or a person objecting to a creditor’s claim, or upon order of the court, an objection is subject to mediation before adjudication of the objection, under the rules or orders adopted or issued with respect to mediations. However, claims by the state are not subject to mediation unless the state consents to mediation.

(3)

Upon motion of the receiver or an interested person, the following claims may be estimated for purpose of allowance under this section under the rules or orders applicable to the estimation of claims under this subsection:

(a)

Any contingent or unliquidated claim, the fixing or liquidation of which, as the case may be, would unduly delay the administration of the receivership; or

(b)

Any right to payment arising from a right to an equitable remedy for breach of performance.

(4)

Claims estimated under subsection (3) of this section are allowed in the estimated amount thereof. [2017 c.358 §36]

Source: Section 37.360 — Objection to and allowance of claims, 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

§ 37.360’s source at oregon​.gov