2019 Oregon Revised Statutes
Volume : 01 - Courts, Oregon Rules of Civil Procedure
Chapter 037 - Receivership
Section 37.060 - Appointment of receiver.
(1) A court may appoint a receiver in the following cases, upon motion by any person or upon its own motion:
(a) Before judgment, if the property that is the subject of the action, or rents or profits deriving from the property, are in danger of being lost or materially injured or impaired.
(b) After judgment, if reasonably necessary to carry the judgment into effect.
(c) After judgment, to dispose of property according to the judgment, to preserve the property during the pendency of an appeal or when an execution has been returned unsatisfied and the debtor refuses to apply the property in satisfaction of the judgment.
(d) In an action under ORS 95.200 to 95.310.
(e) When property is attached by a creditor, if:
(A) The property is of a perishable nature or is otherwise in danger of waste, impairment or destruction; or
(B) The debtor has abandoned the property and receivership is reasonably necessary to conserve, protect or dispose of the property.
(f) After judgment, either before or after the issuance of an execution, to preserve, protect or prevent the transfer of property subject to execution and sale thereunder.
(g) When an entity has been dissolved or is insolvent or in imminent danger of insolvency, if receivership is reasonably necessary to protect the property of the entity or to conserve or protect the interests of the entity’s stockholders, members, partners or creditors.
(h) In any situation in which the appointment of a receiver is expressly required or permitted by statute.
(i) In any situation in which, in the discretion of the court, appointment of a receiver is reasonably necessary to secure justice to the parties.
(2) In determining whether to appoint a receiver, a court may consider the existence of a contract provision providing for the appointment of a receiver, but the court is not bound by such a provision.
(3) If a court in a foreign action has appointed a person as receiver with respect to property in this state, whether with respect to the property specifically or the owner’s property generally, a court in this state shall:
(a) Upon motion by the receiver or by any party to the foreign action, appoint the person as receiver of the property in this state, if the person is eligible under ORS 37.070 and fulfills such other requirements as are required by statute or imposed by the court.
(b) Following the appointment, give effect to orders, judgments and decrees of the foreign court affecting the property in this state held by the receiver, unless the court determines that to do so would be manifestly unjust or inequitable.
(4) The venue of an action described in subsection (3) of this section may be any county in which the receiver appointed in the foreign action resides or maintains an office, or any county in which any property over which the receiver is to be appointed is located at the time the action is commenced.
(5)(a) An order appointing a receiver must reasonably describe the property over which the receiver is to take charge, by category, individual items or any combination thereof, if the receiver is appointed over less than all of a person’s property.
(b) An order appointing a receiver may appoint the receiver over all of a person’s property, wherever located.
(c) An order that appoints a receiver over a person and does not describe the property over which the receiver is to take charge is construed to appoint the receiver over all of the person’s property, except for property not subject to receivership under ORS 37.050.
(6) A court may condition the appointment of a receiver upon the giving of security by the person seeking the receiver’s appointment, in such amount as the court may specify, for the payment of costs incurred or damages suffered by any person if a receivership is determined to be wrongfully obtained. [2017 c.358 §6]
