Oregon Statutes 37.110 – Powers of receiver
(1) The court appointing a receiver may confer upon the receiver the power to perform any of the following actions, in any combination:
Terms Used In Oregon Statutes 37.110
- Contract: A legal written agreement that becomes binding when signed.
- Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Oath: A promise to tell the truth.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Statute: A law passed by a legislature.
- Subpoena: A command to a witness to appear and give testimony.
(a) Collect, control, manage, conserve and protect estate property;
(b) Operate a business constituting estate property, including preservation, use, sale, lease, license, exchange, collection or disposition of property in the ordinary course of business;
(c) 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 estate property;
(d) Assert a right, claim, cause of action or defense of the owner that relates to estate property;
(e) Assert in the name of the receiver any claim under ORS § 95.200 to 95.310 assertible by any creditor of the owner;
(f) Seek and obtain instruction from the court concerning estate property, exercise of the receiver’s powers and performance of the receiver’s duties;
(g) On subpoena, compel a person to submit to examination under oath in the manner of a deposition in a civil case, or to produce and permit inspection and copying of designated records or tangible things, with respect to estate property or any other matter that may affect administration of the receivership;
(h) Engage and pay compensation to one or more professionals under ORS § 37.310;
(i) Apply to a court of another state for appointment as ancillary receiver with respect to estate property in that state under ORS § 37.390;
(j) Incur debt for the use or benefit of estate property other than in the ordinary course of business under ORS § 37.260;
(k) Make improvements to estate property;
(L) Use or transfer estate property other than in the ordinary course of business under ORS § 37.250;
(m) Assume an executory contract of the owner under ORS § 37.240;
(n) Pay compensation to the receiver;
(o) Determine whether or not to establish a claims procedure under ORS § 37.340;
(p) Allow or disallow a claim of a creditor under ORS § 37.360;
(q) Make a distribution of estate property under ORS § 37.370;
(r) Take any other action authorized under the Oregon Receivership Code; and
(s) Take any other actions that the court deems reasonably necessary to avoid injustice.
(2) The court may limit, expand or modify the powers conferred by the court on the receiver at any time.
(3) A receiver has powers conferred by the court under this section in addition to the powers conferred on the receiver by statute. [2017 c.358 § 11]