(a) Except as limited by court order or law of this state other than sections 52-619 to 52-646, inclusive, a receiver may:
(1) Collect, control, manage, conserve and protect receivership property;
(2) Operate a business constituting receivership property, including preservation, use, sale, lease, license, exchange, collection or disposition of the property in the ordinary course of business;
(3) In the ordinary course of business, incur unsecured debt and pay expenses incidental to the receiver's preservation, use, sale, lease, license, exchange, collection or disposition of receivership property;
(4) Assert a right, claim, cause of action or defense of the owner which relates to receivership property;
(5) Seek and obtain instruction from the court concerning receivership property, exercise of the receiver's powers and performance of the receiver's duties;
(6) On subpoena, compel a person to submit to examination under oath, or to produce and permit inspection and copying of designated records or tangible things, with respect to receivership property or any other matter that may affect administration of the receivership;
(7) Engage a professional, as provided in section 52-633;
(8) Apply to a court of another state for appointment as ancillary receiver with respect to receivership property located in that state; and
(9) Exercise any power conferred by court order, sections 52-619 to 52-646, inclusive, or the law of this state other than sections 52-619 to 52-646, inclusive.
(b) With court approval, a receiver may:
(1) Incur debt for the use or benefit of receivership property other than in the ordinary course of business;
(2) Make improvements to receivership property;
(3) Use or transfer receivership property other than in the ordinary course of business, as provided in section 52-634;
(4) Adopt or reject an executory contract of the owner, as provided in section 52-635;
(5) Pay compensation to the receiver, as provided in section 52-639 and to each professional engaged by the receiver, as provided in section 52-633;
(6) Recommend allowance or disallowance of a claim of a creditor, as provided in section 52-638; and
(7) Make a distribution of receivership property, as provided in section 52-638.
(c) A receiver shall:
(1) Prepare and retain appropriate business records, including a record of each receipt, disbursement and disposition of receivership property;
(2) Account for receivership property, including the proceeds of a sale, lease, license, exchange, collection or other disposition of the property;
(3) File on the land records of the town where the real property is located a copy of the order appointing the receiver and, if a legal description of the real property is not included in the order, the legal description;
(4) Disclose to the court any fact arising during the receivership which would disqualify the receiver under section 52-625; and
(5) Perform any duty imposed by court order, sections 52-619 to 52-646, inclusive, or the law of this state other than sections 52-619 to 52-646, inclusive.
(d) The powers and duties of a receiver may be expanded, modified or limited by court order.
(P.A. 21-80, S. 12.)
History: P.A. 21-80 effective July 1, 2022.
Structure Connecticut General Statutes
Chapter 930 - Uniform Commercial Real Estate Receivership Act
Section 52-620. - (Note: This section is effective July 1, 2022.) Definitions.
Section 52-622. - (Note: This section is effective July 1, 2022.) Scope. Exclusions.
Section 52-623. - (Note: This section is effective July 1, 2022.) Power of court.
Section 52-624. - (Note: This section is effective July 1, 2022.) Appointment of receiver.
Section 52-630. - (Note: This section is effective July 1, 2022.) Powers and duties of receiver.
Section 52-631. - (Note: This section is effective July 1, 2022.) Duties of owner.
Section 52-632. - (Note: This section is effective July 1, 2022.) Stay; injunction.
Section 52-635. - (Note: This section is effective July 1, 2022.) Executory contract.
Section 52-637. - (Note: This section is effective July 1, 2022.) Interim report of receiver.
Section 52-639. - (Note: This section is effective July 1, 2022.) Fees and expenses.
Section 52-646. - (Note: This section is effective July 1, 2022). Transition.