§ 21.12 Automatic Stay

• Library: Oregon Civil Pleading and Litigation (OSBar) (2020 Ed.)

§ 21.12 AUTOMATIC STAY

In some cases, it will be important for a stay to be entered so that other persons do not interfere with the assets of the receivership estate or the receiver's efforts to administer those assets.

§ 21.12-1 Cases Subject to the Oregon Receivership Code

The ORC provides for a six-month automatic stay, which can be extended by court order. ORS 37.220. This stay prohibits all persons from commencing or continuing an action against the owner of the property of the estate, the enforcement of a judgment against the owner of the assets of the receivership estate of a judgment entered before the appointment of the receiver, any action to obtain estate property from the receiver or to interfere with the receiver's control of that property, any action to enforce a lien against estate property, any act to collect a claim against the owner that arose before the appointment of the receiver, or any right of setoff against the owner that arose before the appointment of the receiver. ORS 37.220(1).

A judgment obtained against the owner of estate property, or against the estate property, after the receivership is commenced is not a lien on that property unless the receivership is terminated. ORS 37.220(4).

There are exceptions to the automatic stay for continuation of a foreclosure action by the party seeking appointment of the receiver, criminal actions against the owner, certain domestic-relations proceedings, perfection of security interests, governmental pursuit of police and regulatory powers, and establishment of tax liability. ORS 37.220(5).

An act in violation of the...