§ 29-40-127. Relation to Electronic Signatures in Global and National Commerce Act
This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act (15 U.S.C. § 7001 et seq.) but does not modify, limit, or supersede Section 101(c) of that act (15 U.S.C. § 7001(c)) or authorize electronic delivery of any of the notices described in Section 103(b) of that act (15 U.S.C. […]
§ 29-40-128. Transition
This chapter does not apply to a receivership for which the receiver was appointed before July 1, 2018.
§ 29-40-117. Executory Contract
As used in this section, “timeshare interest” means an interest having a duration of more than three (3) years that grants its holder the right to use and occupy an accommodation, facility, or recreational site, whether improved or not, for a specific period less than a full year during any given year. Except as otherwise […]
§ 29-40-118. Defenses and Immunities of Receiver
A receiver is entitled to all defenses and immunities provided by the law of this state, other than this chapter, for an act or omission within the scope of the receiver’s appointment. A receiver may be sued personally for an act or omission in administering receivership property only with approval of the court that appointed […]
§ 29-40-119. Interim Report of Receiver
A receiver may file or, if ordered by the court, shall file an interim report that includes: The activities of the receiver since appointment or a previous report; Receipts and disbursements, including a payment made or proposed to be made to a professional engaged by the receiver; Receipts and dispositions of receivership property; Fees and […]
§ 29-40-120. Notice of Appointment — Claim Against Receivership — Distribution to Creditors
Except as otherwise provided in subsection (f), a receiver shall give notice of appointment of the receiver to creditors of the owner by: Deposit for delivery through first-class mail or other commercially reasonable delivery method to the last known address of each creditor; and Publication as directed by the court. Except as otherwise provided in […]
§ 29-40-121. Fees and Expenses
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. The court may order one (1) or more of the following to pay the reasonable and necessary fees and expenses of the receivership, including reasonable […]
§ 29-40-122. Removal of Receiver — Replacement — Termination of Receivership
The court may remove a receiver for cause. The court shall replace a receiver that dies, resigns, or is removed. If the court finds that a receiver that resigns or is removed, or the representative of a receiver that is deceased, has accounted fully for and turned over to the successor receiver all receivership property […]
§ 29-40-123. Final Report of Receiver — Discharge
On completion of a receiver’s duties, the receiver shall file a final report including: A description of the activities of the receiver in the conduct of the receivership; A list of receivership property at the commencement of the receivership and any receivership property received during the receivership; A list of disbursements, including payments to professionals […]
§ 29-40-124. Receivership in Another State — Ancillary Proceeding
The court may appoint a receiver appointed in another state, or that person’s nominee, as an ancillary receiver with respect to property located in this state or subject to the jurisdiction of the court for which a receiver could be appointed under this chapter, if: The person or nominee would be eligible to serve as […]