(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:

Terms Used In Utah Code 78B-21-114

  • 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 a court of this state with jurisdiction over the action under Title 78A, Judiciary and Judicial Administration. See Utah Code 78B-21-102 v2
  • 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 Utah Code 78B-21-102 v2
  • 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 Utah Code 78B-21-102 v2
  • Owner: means the person for whose property a receiver is appointed. See Utah Code 78B-21-102 v2
  • Person: means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity. See Utah Code 78B-21-102 v2
  • 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 Utah Code 78B-21-102 v2
  • Receiver: means a person 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 Utah Code 78B-21-102 v2
  • Receivership: means a proceeding in which a receiver is appointed. See Utah Code 78B-21-102 v2
  • Receivership property: means the property of an owner that is described in the order appointing a receiver or a subsequent order. See Utah Code 78B-21-102 v2
(a)  to obtain possession of, exercise control over, or enforce a judgment against receivership property; and

(b)  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.

(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:

(a)  an act, action, or proceeding to foreclose or otherwise enforce a mortgage 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 the governmental unit’s police or regulatory power; or

(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:

(a)  award actual damages caused by the violation, reasonable attorney fees, and costs; and

(b)  sanction the violation as civil contempt.

Enacted by Chapter 431, 2017 General Session

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