(A) Serve notice on all persons specified by the provision;
(B) Serve notice on all persons on the special notice list;
(C) File notice with the court; and
(D) File proof of service with the court.
(b) If the provision does not specify to whom notice must be given, the person must give notice to all known persons whose property interests will or may be directly affected by the proposed action, as well as comply with paragraph (a)(B) to (D) of this subsection.
(2) Whenever a person is required to give notice under a provision of the Oregon Receivership Code, the person must give at least as much time notice as specified by the relevant provision, or 14 days if no time is specified.
(3)(a) Except as otherwise provided, notice to any person not on the special notice list must be served by first class mail or as otherwise directed by the court.
(b) Notice to any person on the special notice list who has specified a preferred means of receiving notice must be served by those means, except as otherwise ordered by the court.
(4)(a) Except as provided in ORS 37.180, whenever a provision of the Oregon Receivership Code authorizes a person to take an action after giving notice, the person may take the action without specific authorization from the court if:
(A) The person gives notice that describes the action that the person will take unless an objection is filed and describes a procedure for objecting to the proposed action; and
(B) No objections are filed.
(b) If an objection is filed, the court shall hear the objection and issue an order allowing, disallowing or allowing a modified form of the action.
(c) The court may, on its own motion, require a hearing on any proposed action.
(d) If a person is allowed under this subsection to take an action without specific authorization from the court, the person may nonetheless move the court for an order authorizing the action.
(5) The court may extend or shorten any notice periods for good cause shown.
(6) The court may order that notice of any proposed action be given to any person, regardless of whether such notice is otherwise required under the Oregon Receivership Code.
(7) In all circumstances, the court may consider motions and grant or deny relief without notice or hearing, if it appears to the court that no party to the receivership or interested person would be prejudiced or harmed by the relief requested. [2017 c.358 §17]
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.