Section 114 – Stay — Injunction.
Effective 5/9/2017 78B-21-114. Stay — Injunction. (1) Except as otherwise provided in Subsection (4) or ordered by the court, an order appointing a receiver operates as a stay, applicable to all persons, of an act, action, or proceeding: (a) to obtain possession of, exercise control over, or enforce a judgment against receivership property; and (b) […]
Section 115 – Engagement and compensation of professional.
Effective 5/9/2017 78B-21-115. Engagement and compensation of professional. (1) (a) With court approval, a receiver may engage an attorney, accountant, appraiser, auctioneer, broker, or other professional to assist the receiver in performing a duty or exercising a power of the receiver. (b) The receiver shall disclose to the court: (i) the identity and qualifications of […]
Section 103 – Notice and opportunity for a hearing.
Effective 5/9/2017 78B-21-103. Notice and opportunity for a hearing. (1) Except as otherwise provided in Subsection (2), the court may issue an order under this chapter only after notice and opportunity for a hearing, as appropriate in the circumstances. (2) The court may issue an order under this chapter: (a) without prior notice if the […]
Section 104 – Scope — Exclusions.
Effective 5/9/2017 78B-21-104. Scope — Exclusions. (1) Except as otherwise provided in Subsection (2) or (3), this chapter applies to a receivership for an interest in real property and any personal property related to or used in operating the real property. (2) This chapter does not apply to a receivership for an interest in real […]
Section 105 – Power of court.
Effective 5/9/2017 78B-21-105. Power of court. The court that appoints a receiver under this chapter has exclusive jurisdiction to direct the receiver and determine any controversy related to the receivership or receivership property. Enacted by Chapter 431, 2017 General Session
Section 106 – Appointment of receiver.
Effective 5/9/2017 78B-21-106. Appointment of receiver. (1) The court may appoint a receiver: (a) before judgment, to protect a party that demonstrates an apparent right, title, or interest in real property that is the subject of the action, if the property or the property’s revenue-producing potential: (i) is being subjected to or is in danger […]
Section 107 – Disqualification from appointment as receiver — Disclosure of interest.
Effective 5/9/2017 78B-21-107. Disqualification from appointment as receiver — Disclosure of interest. (1) The court may not appoint a person as receiver unless the person submits to the court a statement under penalty of perjury that the person is not disqualified. (2) Except as otherwise provided in Subsection (3), a person is disqualified from appointment […]