§ 21.14 Claims Against the Receivership Estate

LibraryOregon Civil Pleading and Litigation (OSBar) (2020 Ed.)
§ 21.14 CLAIMS AGAINST THE RECEIVERSHIP ESTATE

In some cases where a receiver is appointed, the receiver is able to liquidate sufficient assets to generate funds to pay claims. When that occurs, the receiver must engage in a claims process, and any claims to funds in the hands of the receiver must be resolved in the receivership. ORS 37.340; Goodnough v. Gatch, 37 Or 5, 8, 60 P 383 (1900). If there are insufficient funds to provide any distribution to creditors, then no claims process is required, and the receiver may give notice that no claims process will take place. ORS 37.340.

§ 21.14-1 Claims-Bar Deadline

In an Oregon state court case subject to the ORC, a receiver may set a claims-bar deadline for creditors to submit claims against the receivership estate. The receiver does this by providing notice to creditors of the claims-bar date the receiver selects. ORS 37.210. Claims from persons other than governmental entities are due within 30 days after the claims process is established, and claims of governmental entities are due within 180 days after the claims process is established. Any claims for rejection of an executory contract are due within 30 days after the contract is rejected. ORS 37.350(3). The court may vary these deadlines. ORS 37.350(3).

PRACTICE TIP: Counsel should carefully review any notice of
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