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 10-21-11. – Collection and turnover of receivership property.
§ 10-21-11. Collection and turnover of receivership property. (a) Unless the court orders otherwise, on demand by a receiver: (1) A person that owes a debt that is receivership property and is matured or payable on demand or on order shall pay the debt to or on the order of the receiver, except to the […]
Section 10-21-12. – Powers and duties of receiver.
§ 10-21-12. Powers and duties of receiver. (a) Except as limited by court order or law of this state other than this chapter, a receiver may: (1) Collect, control, manage, conserve, and protect receivership property; (2) Operate a business constituting receivership property, including preservation, use, sale, lease, license, exchange, collection, or disposition of the property […]
Section 10-21-12.1. – Powers and duties of temporary non-liquidating receiver — Operating plan.
§ 10-21-12.1. Powers and duties of temporary non-liquidating receiver — Operating plan. (a) A temporary non-liquidating receiver shall: (1) Assist the owner in developing an operating plan in consultation; (2) Present the operating plan to the court for approval; and (3) Monitor the owner’s business operations and the owner’s compliance with the plan. (b) An […]
Section 10-21-13. – Duties of owner.
§ 10-21-13. Duties of owner. (a) An owner shall: (1) Assist and cooperate with the receiver in the administration of the receivership and the discharge of the receiver’s duties; (2) Preserve and turn over to the receiver all receivership property in the owner’s possession, custody, or control; (3) Identify all records and other information relating […]