Section 501 – Application for court order for rehabilitation or liquidation.
Effective 5/10/2016 31A-44-501. Application for court order for rehabilitation or liquidation. (1) The department may request that the attorney general petition a district court in the state, or a federal bankruptcy court that has exercised jurisdiction over a provider’s facility, for an order that appoints a trustee to rehabilitate or liquidate the facility if: (a) […]
Section 502 – Order to rehabilitate.
Effective 7/17/2016 31A-44-502. Order to rehabilitate. (1) A court order to rehabilitate a facility under Section 31A-44-501 may direct a trustee to: (a) take possession of the provider’s property in order to conduct the provider’s business, including employing any manager or agent that the trustee considers necessary; and (b) take action as directed by the […]
Section 503 – Order to liquidate.
Effective 7/17/2016 31A-44-503. Order to liquidate. (1) If the trustee determines that further efforts to rehabilitate a provider’s facility are impractical or useless, the trustee may petition a court for liquidation of the facility. (2) A court that issues an order to liquidate a facility under Subsection (1) shall appoint a trustee to collect and […]
Section 504 – Bond.
Effective 5/10/2016 31A-44-504. Bond. A court may refuse to make or vacate an order to rehabilitate a provider’s facility under this part if the provider posts a bond that is: (1) in an amount that the court determines is equal to the reserve funding the provider needs to fulfill the provider’s obligations under all of […]
Section 505 – Termination of rehabilitation.
Effective 5/10/2016 31A-44-505. Termination of rehabilitation. (1) A court may terminate a rehabilitation of a provider’s facility and order the return of the facility and the facility’s assets to the provider if the court determines: (a) the objectives of the order to rehabilitate the facility have been accomplished; and (b) the facility may be returned […]
Section 506 – Payment of trustee.
Effective 5/10/2016 31A-44-506. Payment of trustee. A trustee’s reasonable costs, expenses, and fees are payable from a provider’s or facility’s assets. Enacted by Chapter 270, 2016 General Session