(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]
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.