US Lawyer Database

§55-21-9. Status of Receiver as Lien Creditor

On appointment of a receiver, the receiver has the status of a lien creditor under: (1) Section 46-9-101 et seq. of this code as to receivership property that is personal property or fixtures; and

§55-21-10. Security Agreement Covering After-Acquired Property

Except as otherwise provided by law of this state other than this article, property that a receiver or owner acquires after appointment of the receiver is subject to a security agreement entered into before the appointment to the same extent as if the court had not appointed the receiver.

§55-21-11. Collection and Turnover of Receivership Property

(a) Unless the court orders otherwise, on demand by a receiver: (1) A person that owes a debt that is receivership property and is matured or payable on demand or on order shall pay the debt to or on the order of the receiver, except to the extent the debt is subject to setoff or […]

§55-21-12. Powers and Duties of Receiver

(a) Except as limited by court order or law of this state other than this article, a receiver may: (1) Collect, control, manage, conserve, and protect receivership property;

§55-21-13. 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 receivers duties;

§55-21-14. Stay of Other Actions; 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; and

§55-21-15. Engagement and Compensation of Professional

(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. The receiver shall disclose to the court: (1) The identity and qualifications of the professional;

§55-21-16. Use or Transfer of Receivership Property Not in Ordinary Course of Business

(a) In this section, “good faith” means honesty in fact and the observance of reasonable commercial standards of fair dealing. (b) With court approval, a receiver may use receivership property other than in the ordinary course of business. (c) With court approval, a receiver may transfer receivership property, other than in the ordinary course of […]

§55-21-17. Executory Contract

(a) In this section, “executory contract” has the same meaning as “timesharing plan” as defined in 36-9-4 of this code. (b) Except as otherwise provided in subsection (h) of this section, with court approval, a receiver may adopt or reject an executory contract of the owner relating to receivership property. The court may condition the […]

§55-21-18. Defenses and Immunities of Receiver

(a) A receiver is entitled to all defenses and immunities provided by law of this state other than this article for an act or omission within the scope of the receivers appointment. (b) A receiver may be sued personally for an act or omission in administering receivership property only with approval of the court that […]