(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 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]
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.