Section 128 – Transition.
Effective 5/9/2017 78B-21-128. Transition. This chapter does not apply to a receivership for which the receiver was appointed before May 9, 2017. Enacted by Chapter 431, 2017 General Session
Section 129 – Finality of orders.
Effective 5/9/2017 78B-21-129. Finality of orders. A court order that is entered pursuant to this chapter and that resolves a discrete factual dispute or legal issue is a final appealable order within the meaning of Utah Rules of Civil Procedure, Rule 54(a), unless expressly stated otherwise in the court order. Enacted by Chapter 431, 2017 […]
Section 118 – Defenses and immunities of receiver.
Effective 5/9/2017 78B-21-118. Defenses and immunities of receiver. (1) 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. (2) A receiver may be sued personally for an act or omission in administering receivership […]
Section 119 – Interim report of receiver.
Effective 5/9/2017 78B-21-119. 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 […]
Section 120 – Notice of appointment — Claim against receivership — Distribution to creditors.
Effective 5/9/2017 78B-21-120. Notice of appointment — Claim against receivership — Distribution to creditors. (1) Except as otherwise provided in Subsection (6), a receiver shall give notice of appointment of the receiver to creditors of the owner by: (a) deposit for delivery through first-class mail or other commercially reasonable delivery method to the last known […]
Section 121 – Fees and expenses.
Effective 5/9/2017 78B-21-121. Fees and expenses. (1) 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. (2) The court may order one or more of the following to pay the reasonable and necessary fees […]
Section 122 – Removal of receiver — Replacement — Termination of receivership.
Effective 5/9/2017 78B-21-122. Removal of receiver — Replacement — Termination of receivership. (1) The court may remove a receiver for cause. (2) The court shall replace a receiver that dies, resigns, or is removed. (3) If the court finds that a receiver that resigns or is removed, or the representative of a receiver that is […]
Section 123 – Final report of receiver — Discharge.
Effective 5/9/2017 78B-21-123. Final report of receiver — Discharge. (1) On completion of a receiver’s duties, the receiver shall file a final report including: (a) a description of the activities of the receiver in the conduct of the receivership; (b) a list of receivership property at the commencement of the receivership and any receivership property […]
Section 124 – Receivership in another state — Ancillary proceeding.
Effective 5/9/2017 78B-21-124. Receivership in another state — Ancillary proceeding. (1) 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, […]
Section 125 – Effect of enforcement by mortgagee.
Effective 5/9/2017 78B-21-125. Effect of enforcement by mortgagee. (1) A request by a mortgagee for appointment of a receiver, the appointment of a receiver, or application by a mortgagee of receivership property or proceeds to the secured obligation does not: (a) make the mortgagee a mortgagee in possession of the real property; (b) make the […]