2017 Oregon Revised Statutes
Volume : 01 - Courts, Oregon Rules of Civil Procedure
Chapter 037 - Receivership
Section 37.220 - Automatic stay of certain proceedings.

(a) The commencement or continuation, including the issuance or employment of process, of a judicial, administrative or other action or proceeding against the owner that was or could have been commenced before the entry of the order of appointment, or to recover a claim against the owner that arose before the entry of the order of appointment;

(b) The enforcement, against the owner or any estate property, of a judgment entered before the entry of the order of appointment;

(c) Any act to obtain possession of estate property from the receiver, or to interfere with, or exercise control over, estate property;

(d) Any act to create, perfect or enforce any lien or claim against estate property, to the extent that the lien secures a claim against the owner that arose before the entry of the order of appointment;

(e) Any act to collect, assess or recover a claim against the owner that arose before the entry of the order of appointment; or

(f) The exercise of a right of setoff against the owner.

(2) The stay automatically expires as to the acts specified in subsection (1)(a), (b) and (e) of this section six months after the entry of the order of appointment, unless the stay is extended by court order.

(3) A person whose action or proceeding is stayed may move the court for relief from the stay, and the court shall grant such relief for good cause shown. A motion for relief from stay under this subsection is deemed granted if the court does not act on the motion within 60 days after the motion is filed. A person may move the court ex parte for an expedited hearing on a motion for relief from stay.

(4) Any judgment obtained against the owner or estate property after entry of the order of appointment is not a lien against estate property unless the receivership is terminated before a conveyance of the property against which the judgment would otherwise constitute a lien.

(5) The entry of an order appointing a receiver does not operate as a stay of:

(a) The continuation of a judicial or nonjudicial foreclosure action that was initiated by the party seeking the receiver’s appointment, unless otherwise ordered by the court;

(b) The commencement or continuation of a criminal action against the owner;

(c) The commencement or continuation of an action or proceeding to establish paternity, to establish or modify an order for spousal or child support or to collect spousal or child support under any order of a court;

(d) Any act to perfect, or to maintain or continue the perfection of, an interest in estate property if the interest perfected would be effective against a creditor of the owner holding at the time of the entry of the order of appointment either a perfected nonpurchase money security interest under ORS chapter 79 against the property, or a lien by attachment, levy or the like, including liens under ORS chapter 87, whether or not such a creditor exists, except that if perfection of an interest would require seizure of the property involved or the commencement of an action, the perfection may and must instead be accomplished by filing and serving on the receiver notice of the interest within the time fixed by law for seizure or commencement;

(e) The commencement or continuation of an action or proceeding by a governmental unit to enforce its police or regulatory power;

(f) The enforcement of a judgment, other than a money judgment, obtained in an action or proceeding by a governmental unit to enforce its police or regulatory power, or with respect to any licensure of the owner; or

(g) The establishment by a governmental unit of any tax liability and any appeal thereof.

(6) The court may void an act that violates the stay imposed by this section.

(7) If a person knowingly violates the stay imposed by 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.

(8) The stay described in this section expires upon the termination of the receivership. [2017 c.358 §22]