2017 Oregon Revised Statutes
Volume : 01 - Courts, Oregon Rules of Civil Procedure
Chapter 037 - Receivership
Section 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:
(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]
