Section 10-21-28. – Transition.
§ 10-21-28. Transition. This chapter does not apply to a receivership for which the receiver was appointed before June 20, 2022. History of Section.P.L. 2022, ch. 107, § 1, effective June 20, 2022; P.L. 2022, ch. 108, § 1, effective June 20, 2022.
Section 10-21-28.1. – Emergency declaration temporary non-liquidating receivership transition provisions.
§ 10-21-28.1. Emergency declaration temporary non-liquidating receivership transition provisions. (a) Notwithstanding § 10-21-28, the court may for cause apply this chapter to a receivership for which a receiver was appointed before June 20, 2022, if the owner would otherwise be eligible for a temporary non-liquidating receivership. (b) Unless extended by the general assembly, the emergency […]
Section 10-21-29. – Official comments.
§ 10-21-29. Official comments. It is the intention of the general assembly that the official comments to the Uniform Commercial Real Estate Receivership Act as approved and recommended for enactment in all the States by the National Conference of Commissioners on Uniform State Laws in 2015 represent the express legislative intent of the general assembly […]
Section 10-21-17. – Executory contract.
§ 10-21-17. Executory contract. (a) In this section, “timeshare interest” means a “time share” as defined in § 34-41-1.02. (b) Except as otherwise provided in subsection (h) of this section, with court approval, a receiver may adopt or reject an executory contract of the owner relating to receivership property. The court may condition the receiver’s […]
Section 10-21-18. – Defenses and immunities of receiver.
§ 10-21-18. Defenses and immunities of receiver. (a) A receiver is entitled to all defenses and immunities provided by law of this state other than this chapter for an act or omission within the scope of the receiver’s appointment. (b) A receiver may be sued personally for an act or omission in administering receivership property […]
Section 10-21-19. – Interim report of receiver.
§ 10-21-19. Interim report of receiver. A receiver may file or, if ordered by the court, shall file an interim report that includes: (1) The activities of the receiver since appointment or a previous report; (2) Receipts and disbursements, including a payment made or proposed to be made to a professional engaged by the receiver; […]
Section 10-21-19.1. – Interim report of temporary non-liquidating receiver.
§ 10-21-19.1. Interim report of temporary non-liquidating receiver. In addition to the any interim report required by § 10-21-19, unless the court orders otherwise, a temporary non-liquidating receiver shall file a monthly report that includes: (1) Development and implementation of the operating plan; and (2) The owner’s compliance with the operating plan and with this […]
Section 10-21-20. – Notice of appointment — Claim against receivership — Distribution to creditors.
§ 10-21-20. Notice of appointment — Claim against receivership — Distribution to creditors. (a) Except as otherwise provided in subsection (f) of this section, a receiver shall give notice of appointment of the receiver to creditors of the owner by: (1) Deposit for delivery through first-class mail or other commercially reasonable delivery method to the […]
Section 10-21-21. – Fees and expenses.
§ 10-21-21. Fees and expenses. (a) 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. (b) The court may order one or more of the following to pay the reasonable and necessary fees and […]
Section 10-21-21.1. – Emergency declaration receivership program coordinator.
§ 10-21-21.1. Emergency declaration receivership program coordinator. The presiding justice of the superior court may appoint an individual to serve as program coordinator to identify and coordinate sources for funding, legal services, accounting services, and other appropriate services for temporary non-liquidating receiverships. The individual must have appropriate qualifications for the position and shall serve at […]