Sec. 14.
(1) Except as otherwise provided in subsection (4) or ordered by the court, an order appointing a receiver operates as a stay, applicable to all persons, of an act, action, or proceeding to do any of the following:
(a) Obtain possession of, exercise control over, or enforce a judgment against receivership property.
(b) Enforce a lien against receivership property to the extent the lien secures a claim against the owner that arose before entry of the order.
(2) Except as otherwise provided in subsection (4), the court may enjoin an act, action, or proceeding against or relating to receivership property if the injunction is necessary to protect the property or facilitate administration of the receivership.
(3) A person whose act, action, or proceeding is stayed or enjoined under this section may apply to the court for relief from the stay or injunction for cause.
(4) An order under subsection (1) or (2) does not operate as a stay or injunction of any of the following:
(a) An act, action, or proceeding to foreclose or otherwise enforce a security agreement by the person seeking appointment of the receiver.
(b) An act, action, or proceeding to perfect, or maintain or continue the perfection of, an interest in receivership property.
(c) Commencement or continuation of a criminal proceeding.
(d) Commencement or continuation of an action or proceeding, or enforcement of a judgment other than a money judgment in an action or proceeding, by a governmental unit to enforce its police or regulatory power.
(e) Establishment by a governmental unit of a tax liability against the owner or receivership property or an appeal of the liability.
(5) The court may void an act that violates a stay or injunction under this section.
(6) If a person knowingly violates a stay or injunction under this section, the court may do 1 or both of the following:
(a) Award actual damages caused by the violation, reasonable attorney fees, and costs.
(b) Sanction the violation as contempt.
History: 2018, Act 16, Eff. May 7, 2018 ;-- Am. 2020, Act 210, Imd. Eff. Oct. 15, 2020
Structure Michigan Compiled Laws
Chapter 554 - Real and Personal Property
Act 16 of 2018 - Receivership Act (554.1011 - 554.1040)
Section 554.1011 - Short Title.
Section 554.1012 - Definitions.
Section 554.1013 - Court Order; Issuance; Notice and Hearing; Circumstances.
Section 554.1014 - Applicability of Act; Scope; Limitation.
Section 554.1017 - Appointment of Receiver; Objection; Requirements; Disqualifications.
Section 554.1018 - Bond; Alternative Security.
Section 554.1019 - Status of Receiver as Lien Creditor.
Section 554.1020 - Acquisition of Property After Appointment as Receiver; Security Agreement.
Section 554.1022 - Powers and Duties of Receiver.
Section 554.1023 - Duties of Owner.
Section 554.1024 - Stay or Injunction.
Section 554.1025 - Engagement of Professional; Compensation.
Section 554.1027 - "Timeshare Interest" Defined; Executory Contract.
Section 554.1028 - Defenses and Immunities of Receiver.
Section 554.1029 - Quarterly Interim Report of Receiver.
Section 554.1031 - Fees and Expenses.
Section 554.1032 - Removal of Receiver; Replacement; Discharge; Termination.
Section 554.1033 - Final Report of Receiver; Contents; Discharge.
Section 554.1034 - Receivership in Another State; Rights, Powers, and Duties of Ancillary Receiver.
Section 554.1035 - Enforcement by Secured Party; Effect.
Section 554.1036 - Uniformity of Law.
Section 554.1037 - Electronic Signatures in Global and National Commerce Act.
Section 554.1038 - Receiver Appointed Before Effective Date of Act.