Section 116 – Use or transfer of receivership property not in ordinary course of business.
Effective 5/9/2017 78B-21-116. Use or transfer of receivership property not in ordinary course of business. (1) As used in this section, “good faith” means honesty in fact and the observance of reasonable commercial standards of fair dealing. (2) With court approval, a receiver may use receivership property other than in the ordinary course of business. […]
Section 117 – Executory contract.
Effective 5/9/2017 78B-21-117. Executory contract. (1) As used in this section, “timeshare interest” means the same as that term is defined in Section 57-19-2. (2) (a) Except as otherwise provided in Subsection (8), with court approval, a receiver may adopt or reject an executory contract of the owner relating to receivership property. (b) The court […]
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 […]
Section 503 – Savings clause.
Effective 7/1/2017 78B-20-503. Savings clause. This chapter does not affect the validity of a temporary court order concerning custodial responsibility during deployment that was entered before May 10, 2016. Enacted by Chapter 292, 2016 General Session
Section 306 – Grant of caretaking or decision-making authority to nonparent.
Effective 7/1/2017 78B-20-306. Grant of caretaking or decision-making authority to nonparent. (1) On motion of a deploying parent and in accordance with the law of this state other than this chapter, if it is in the best interest of the child a court may grant caretaking authority to a nonparent who is an adult family […]
Section 307 – Grant of limited contact.
Effective 7/1/2017 78B-20-307. Grant of limited contact. On motion of a deploying parent, and in accordance with the law of this state other than this chapter, unless the court finds that the contact would be contrary to the best interest of the child, a court shall grant limited contact to a nonparent who is a […]