(2) The receiver shall attach to the motion for discharge a final report and accounting setting forth:
(a) A list of estate property received during the receivership;
(b) A list of disbursements, including payments to professionals engaged by the receiver;
(c) A list of dispositions of estate property;
(d) A list of distributions made or proposed to be made from the estate for creditor claims;
(e) If not filed separately, a request for approval of the payment of fees and expenses of the receiver; and
(f) Any other information required by the court.
(3) If the court approves the final report and accounting, the court shall discharge the receiver. The court may issue an order exonerating the receiver’s bond or alternative security.
(4) The receiver’s discharge:
(a) Releases the receiver from any further duties and responsibilities under the Oregon Receivership Code; and
(b) Releases the receiver and any persons acting on behalf of the receiver from all further liability in connection with the administration of estate property or the receivership.
(5) Upon motion of any interested person, or upon the court’s own motion, the court may discharge the receiver and terminate the court’s administration of the property over which the receiver was appointed.
(6) Upon termination of the receivership under any circumstances, if the court determines that the appointment of the receiver was wrongfully procured or procured in bad faith, the court may assess against the person who procured the receiver’s appointment all of the receiver’s fees and other costs of the receivership, and any other sanctions the court deems appropriate. [2017 c.358 §41]
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.