A. Except as otherwise provided in subsection D of this section or ordered by the court, an order appointing a receiver operates as a stay, applicable to all persons, of an act, action or proceeding:

Terms Used In Arizona Laws 33-2613

  • Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Court: means the superior court. See Arizona Laws 33-2601
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Governmental unit: means an office, department, division, bureau, board, commission or other agency of this state or a subdivision of this state. See Arizona Laws 33-2601
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Lien: means an interest in property that secures payment or performance of an obligation. See Arizona Laws 33-2601
  • Owner: means the person for whose property a receiver is appointed. See Arizona Laws 33-2601
  • Person: means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity. See Arizona Laws 33-2601
  • Property: means all of a person's right, title and interest, both legal and equitable, in real and personal property, tangible and intangible, wherever located and however acquired. See Arizona Laws 33-2601
  • Receiver: means a person who is appointed by the court as the court's agent and, subject to the court's direction, to take possession of, manage, and, if authorized by this chapter or court order, transfer, sell, lease, license, exchange, collect or otherwise dispose of receivership property. See Arizona Laws 33-2601
  • Receivership: means a proceeding in which a receiver is appointed. See Arizona Laws 33-2601
  • Receivership property: means the property of an owner that is described in the order appointing a receiver or a subsequent order. See Arizona Laws 33-2601

1. To obtain possession of, exercise control over or enforce a judgment against receivership property.

2. To enforce a lien against receivership property to the extent the lien secures a claim against the owner that arose before entry of the order.

B. Except as otherwise provided in subsection D of this section, 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.

C. 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.

D. An order under subsection A or B of section does not operate as a stay or injunction of:

1. An act, action or proceeding to foreclose or otherwise enforce a mortgage by the person seeking appointment of the receiver.

2. An act, action or proceeding to perfect, or maintain or continue the perfection of, an interest in receivership property.

3. Commencement or continuation of a criminal proceeding.

4. 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.

5. Establishment by a governmental unit of a tax liability against the owner or receivership property or an appeal of the liability.

E. The court may void an act that violates a stay or injunction under this section.

F. If a person knowingly violates a stay or injunction under this section, the court may:

1. Award actual damages caused by the violation, reasonable attorney’s fees and costs.

2. Sanction the violation as civil contempt.

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