(2) If a bona fide dispute exists over whether property is estate property, the court in which the receivership is pending shall resolve the dispute.
(3) A receiver may not demand a turnover of residential property without specific judicial approval, which the court may grant only in case of waste, destruction, obstruction of marketing of the property, enforcement of an order in a domestic relations suit or other good cause shown.
(4) If a creditor has possession or control of estate property and the validity, perfection or priority of the creditor’s lien depends on the creditor’s possession or control, the creditor may retain possession or control of the property until the court orders adequate protection of the creditor’s lien. [2017 c.358 §13]
Structure 2021 Oregon Revised Statutes
Volume : 01 - Courts, Oregon Rules of Civil Procedure
Section 37.040 - Applicability.
Section 37.050 - Property not subject to receivership; exception.
Section 37.060 - Appointment of receiver.
Section 37.070 - Eligibility to serve as receiver.
Section 37.080 - Required disclosures relating to conflicts of interest.
Section 37.090 - Receiver’s bond, alternative security or insurance.
Section 37.100 - Exclusive jurisdiction of appointing court.
Section 37.110 - Powers of receiver.
Section 37.120 - Duties of receiver.
Section 37.130 - Turnover of property.
Section 37.140 - Collection by receiver of debts owed to owner.
Section 37.150 - Duties of owner.
Section 37.160 - Mailing and special notice lists to be maintained by receiver.
Section 37.180 - When court order required.
Section 37.190 - Creditor list and inventory.
Section 37.200 - Receiver’s periodic reports.
Section 37.220 - Automatic stay of certain proceedings.
Section 37.230 - Utility service.
Section 37.240 - Executory contracts.
Section 37.260 - Receivership financing.
Section 37.280 - Abandonment of property.
Section 37.290 - Actions by or against receiver or affecting estate property.
Section 37.300 - Personal liability of receiver.
Section 37.310 - Employment and compensation of professionals.
Section 37.330 - Initial notice to creditors and other interested persons.
Section 37.340 - Claims process.
Section 37.350 - Submission of claims by creditors.
Section 37.360 - Objection to and allowance of claims.
Section 37.390 - Ancillary receiverships.