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 […]
Section 10-21-22. – Removal of receiver — Replacement — Termination of receivership.
§ 10-21-22. Removal of receiver — Replacement — Termination of receivership. (a) The court may remove a receiver for cause. (b) The court shall replace a receiver that dies, resigns, or is removed. (c) If the court finds that a receiver that resigns or is removed, or the representative of a receiver that is deceased, […]
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 […]
Section 10-21-13.1. – Owner’s duties in temporary non-liquidating receivership.
§ 10-21-13.1. Owner’s duties in temporary non-liquidating receivership. Unless the court orders otherwise, the owner shall: (1) Develop an operating plan and any modifications to the plan that the temporary non-liquidating receiver may propose; (2) Obtain court approval of the operating plan; and (3) Timely perform the owner’s duties under the operating plan. History of […]
Section 10-21-14. – Stay — Injunction.
§ 10-21-14. Stay — Injunction. (a) Except as otherwise provided in subsection (d) of this section or ordered by the court, an order appointing a receiver operates as a stay, applicable to all persons, of an act, action, or proceeding: (1) To obtain possession of, exercise control over, or enforce a judgment against receivership property; […]