(1)  The court may award a receiver from receivership property the reasonable and necessary fees and expenses of performing the duties of the receiver and exercising the powers of the receiver.

Terms Used In Utah Code 78B-21-121

  • 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
  • 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
(2)  The court may order one or more of the following to pay the reasonable and necessary fees and expenses of the receivership, including reasonable attorney fees and costs:

(a)  a person that requested the appointment of the receiver, if the receivership does not produce sufficient funds to pay the fees and expenses; or

(b)  a person whose conduct justified or would have justified the appointment of the receiver under Subsection 78B-21-106(1)(a).

Enacted by Chapter 431, 2017 General Session