Rule 80. Receiver defined; applicability

A Receiver

defined; applicability.

A(1)

A receiver is a person appointed by a circuit court, or judge thereof, to take

charge of property during the pendency of a civil action or upon a judgment or

order therein, and to manage and dispose of it as the court may direct.

A(2)

The provisions of the Oregon Receivership Code control over conflicting

provisions of this rule with respect to receiverships governed by the Oregon

Receivership Code.

B When

appointment of receiver authorized. Subject to the requirements of Rule 82 A(2), a

receiver may be appointed by a circuit court in the following cases:

B(1) Provisionally to protect property. Provisionally, before judgment, on

the application of any party, when such party's right to the property, which is

the subject of the action, and which is in the possession of an adverse party,

is probable, and the property or its rents or profits are in danger of being

lost or materially injured or impaired.

B(2) To effectuate judgment. After judgment to carry the same into effect.

B(3) To dispose of property, to preserve during appeal or when execution

unsatisfied. To dispose of the property according to the judgment, or to

preserve it during the pendency of an appeal or when an execution has been

returned unsatisfied and the debtor refuses to apply the property in

satisfaction of the judgment.

B(4) Creditor's action. In an action brought by a creditor to set aside a

transfer, mortgage, or conveyance of property on the ground of fraud or to

subject property or a fund to the payment of a debt.

B(5) Attaching creditor. At the instance of an attaching creditor when the

property attached is of a perishable nature or is otherwise in danger of waste,

impairment, or destruction or where the debtor has absconded or abandoned the

property and it is necessary to conserve or protect it, or to dispose of it

immediately.

ound of fraud or to

subject property or a fund to the payment of a debt.

B(5) Attaching creditor. At the instance of an attaching creditor when the

property attached is of a perishable nature or is otherwise in danger of waste,

impairment, or destruction or where the debtor has absconded or abandoned the

property and it is necessary to conserve or protect it, or to dispose of it

immediately.

B(6) Protect, preserve, or restrain property subject to execution. At the

instance of a judgment creditor either before or after the issuance of an

execution to preserve, protect, or prevent the transfer of property liable to

execution and sale thereunder.

B(7) Corporations and associations; when provided by statute. In cases

provided by statute, when a corporation or cooperative association has been

dissolved, or is insolvent, or in imminent danger of insolvency, or has

forfeited its corporate rights.

B(8) Corporations and associations; to protect property or interest of

stockholders or creditors. When a corporation or cooperative association

has been dissolved or is insolvent or in imminent danger of insolvency and it

is necessary to protect the property of the corporation or cooperative

association, or to conserve or protect the interests of the stockholders or

creditors.

C

Appointment of receivers; notice. No receiver shall be appointed without notice to

the adverse party at least five days before the time specified for the hearing,

unless a different period is fixed by order of the court.

D Form of

order appointing receivers. Every order or judgment appointing a receiver:

D(1)

Shall contain a reasonable description of the property included in the

receivership;

D(2)

Shall fix the time within which the receiver shall file a report setting forth

dverse party at least five days before the time specified for the hearing,

unless a different period is fixed by order of the court.

D Form of

order appointing receivers. Every order or judgment appointing a receiver:

D(1)

Shall contain a reasonable description of the property included in the

receivership;

D(2)

Shall fix the time within which the receiver shall file a report setting forth

(a) the property of the debtor in greater detail, (b) the interests in and

claims against it, and (c) its income-producing capacity and recommendations as

to the best method of realizing its value for the benefit of those entitled;

D(3)

Shall, when a general receiver is appointed to liquidate and wind up affairs,

set a time within which creditors and claimants shall file their claims or be

barred; and

D(4)

May require periodic reports from the receiver.

E Notice to

persons interested in receivership. A general receiver appointed to liquidate and

wind up affairs shall under the direction of the court, give notice to the

creditors of the corporation, of the partnership or association, or of the

individual, in such manner as the court may direct, requiring such creditors to

file their claims, duly verified, with the receiver, the receiver's attorney,

or the clerk of the court, within such time as the court directs.

F Special

notices.

F(1) Required notice. Creditors filing claims with the receiver, all persons

making contracts with the receiver, all persons having known claims against the

receiver, all persons actually or constructively known to be claiming any

interest in receivership property, and all persons against whom the receiver

asserts claims shall receive notice of any proposed action by the court

affecting their rights.

uired notice. Creditors filing claims with the receiver, all persons

making contracts with the receiver, all persons having known claims against the

receiver, all persons actually or constructively known to be claiming any

interest in receivership property, and all persons against whom the receiver

asserts claims shall receive notice of any proposed action by the court

affecting their rights.

F(2) Request for special notice. At any time after a receiver is appointed,

any person interested in the receivership as a party, creditor, or otherwise,

may serve upon the receiver (or upon the attorney for such receiver) and file

with the clerk a written request stating that such person desires special

notice of any and all of the following named steps in the administration of the

receivership:

F(2)(a)

Filing of motions for sales, leases, or mortgages of any property in the

receivership;

F(2)(b)

Filing of accounts;

F(2)(c)

Filing of motions for removal or discharge of the receiver; and

F(2)(d)

Such other matters as are officially requested and approved by the court.

A

request shall state the post-office address of the person, or such person's

attorney.

F(3) Form and service of notices. Any notice required by this section shall

be served in the manner provided in Rule 9, at least five days before the

hearing on any of the matters above described, unless a different period is

fixed by order of the court.

re officially requested and approved by the court.

A

request shall state the post-office address of the person, or such person's

attorney.

F(3) Form and service of notices. Any notice required by this section shall

be served in the manner provided in Rule 9, at least five days before the

hearing on any of the matters above described, unless a different period is

fixed by order of the court.

G

Termination of receiverships. A receivership may be terminated only upon motion

served with at least 10 days' notice upon all parties who have appeared in the

proceeding. The court may require that a final account and report be filed and

served, and may provide for the filing of written objections to such account

within a specified time. At the hearing on the motion to terminate, the court

shall hear all objections to the final account and shall take such evidence as

is appropriate, and shall make such orders as are just concerning the

termination of the receivership, including all necessary orders on the fees and

costs of the receivership.

[CCP 12/13/80;

§§C,F amended by 1981 c.898 §§9a,10; §F(3) amended by CCP 12/10/88 and 1/6/89; §A

amended by 2017 c.358 §43]

DEFINITIONS;

SERVICE;

ADVERSE

CLAIMANTS