Oregon Law
Law as of Jan 1, 2024
Chapter contents
37.010Short title 37.020Receivership described 37.030Definitions 37.040Applicability 37.050Property not subject to receivership; exception 37.060Appointment of receiver 37.070Eligibility to serve as receiver 37.080Required disclosures relating to conflicts of interest 37.090Receiver’s bond, alternative security or insurance 37.100Exclusive jurisdiction of appointing court 37.110Powers of receiver 37.120Duties of receiver 37.130Turnover of property 37.140Collection by receiver of debts owed to owner 37.150Duties of owner 37.160Mailing and special notice lists to be maintained by receiver 37.170Notices 37.180When court order required 37.190Creditor list and inventory 37.200Receiver’s periodic reports 37.210Claims bar date 37.220Automatic stay of certain proceedings 37.230Utility service 37.240Executory contracts 37.250Use or transfer of estate property outside ordinary course of business; transfer of co-owned property; limitation on disposition of residential property 37.260Receivership financing 37.270Recovery of costs related to secured property 37.280Abandonment of property 37.290Actions by or against receiver or affecting estate property 37.300Personal liability of receiver 37.310Employment and compensation of professionals 37.320Participation of creditors and other interested persons in receivership; effect of receivership on nonparties 37.330Initial notice to creditors and other interested persons 37.340Claims process 37.350Submission of claims by creditors 37.360Objection to and allowance of claims 37.370Priorities 37.380Secured claims against after-acquired property 37.390Ancillary receiverships 37.400Removal of receiver 37.410Termination of receivership

Chapter 37 — Receivership

ORS 37.130 Turnover of property

(1)

Upon demand by a receiver, a person shall turn over to the receiver any estate property within the possession, custody or control of the person.

(2)

If a bona fide dispute exists over whether property is estate property, the court in which the receivership is pending shall resolve the dispute.

(3)

A receiver may not demand a turnover of residential property without specific judicial approval, which the court may grant only in case of waste, destruction, obstruction of marketing of the property, enforcement of an order in a domestic relations suit or other good cause shown.

(4)

If a creditor has possession or control of estate property and the validity, perfection or priority of the creditor’s lien depends on the creditor’s possession or control, the creditor may retain possession or control of the property until the court orders adequate protection of the creditor’s lien.

Official sources · 2Tap to view provenance and version history

Online copy of the published ORS edition

Provenance

Version history

Prior statutory text is not available in the ingested published editions. Consult an earlier official ORS edition or the cited Oregon Laws chapter.